Can You Refuse a Breathalyzer in Florida?

On behalf of Patrick McLain Law | April 22, 2024
Photo of Alcohol and Car Keys

When you are facing a DUI arrest, a Breathalyzer or breath sobriety test may be one of the first steps law enforcement takes to determine whether you are drinking and driving. However, you may be concerned about the results of that test. While you are technically allowed to refuse a Breathalyzer test, it can come with harsh penalties, so seek out the team at Patrick McLain Law to learn more about your options to fight back if you are accused of drinking and driving.

We Are Here to Help with What Happens if You Refuse a Breathalyzer

Our team offers a variety of legal resources and representation for the many criminal defense cases handled in Florida. Our team in particular sees many DUI cases, helping those who have been accused of drinking and driving reduce or dismiss their charges. When your license is on the line, do not hesitate to reach out to Patrick McLain Law.

What Is a Breathalyzer Test? 

The Breathalyzer test is a breath-based sobriety test that can help determine whether you are sober. By breathing into the machine, it can calculate with significant accuracy the blood alcohol concentration or BAC in your bloodstream. While a blood test may be even more accurate, a Breathalyzer test failure can lead to criminal charges.

Consequences of Refusing a Breathalyzer Test: What You Can Expect

While the police cannot force you to take a Breathalyzer test, you may face penalties that make your case worse if you refuse a Breathalyzer test, even if you are not drunk. For example, if you refuse a Breathalyzer test, your license may automatically be suspended, even if you are sober. You may also be arrested anyway and given a blood test, which means you may be facing the same case anyway.

You Have Rights When Facing a Breathalyzer Test 

As an individual, keep in mind that you have the same rights to remain silent and have legal counsel at your side as anyone else. If you refuse or fail a Breathalyzer test, reach out to an attorney as soon as possible to avoid the many harsh penalties you may face. With an attorney on your side, you may have grounds to push back against the penalties for refusing a Breathalyzer.

Common Myths About Breathalyzer Tests 

One of the biggest misconceptions about refusing a Breathalyzer test is that they may simply let you go if you refuse. However, you may find yourself instead facing other tests, some of which may be even more accurate than the Breathalyzer test. That can hurt your case, but your attorney can help you build a strong defense that protects you over time.

Our Team Can Help You Choose the Right Defense Strategy 

Following your arrest and your refusal of a breathalyzer test, you and your attorney can band together to determine the best possible defense strategy for your claim. These can vary depending on the specifics of your case. Common defense strategies include mistakes of fact, issues with the breathalyzer test, improper administration of the test, and more.

Get Quality Legal Representation After You Are Charged with a DUI 

When you are facing a DUI case following refusal of a Breathalyzer test, you may be facing harsher and more complex charges than ever before. Fortunately, the team at Patrick McLain Law can provide the legal support and guidance you need when struggling to build a defense and represent yourself in court. For legal representation and guidance, reach out to a DUI attorney by calling or filling out our online contact form.


Category: DUI