In the United States, about 32 people die in drunk driving accidents daily, which translates to about one person every 45 minutes.
One of the preventive measures that law enforcement uses to help lower these statistics is a breathalyzer test. And while, in theory, such measures can help save lives, some drivers can consider refusing to take these tests.
If you’re driving and the police pull you over for a sobriety test, can you refuse to take a breathalyzer test? What happens if you do so?
Should you get an attorney if you are charged with DUI (driving under the influence)? How important is this legal step?
This article explains what can happen if you refuse to undergo a breathalyzer test when you get pulled over by the police.
This article also discusses why getting a defense lawyer specializing in DUI is essential if you are charged with this crime.
Drunk driving is one of the primary causes of fatalities on U.S. roadways, and many of these accidents occur in urban areas. Michael & Associates has gathered the latest statistics that show that 3 in 10 Americans will likely be involved in an alcohol-related accident.
Breathalyzer tests are one way to help reduce this occurrence. But when police suspect you of drunk driving and pull you over, you can refuse such a test. Learning the consequences of doing so can prepare you for potential charges.
Read on to learn what can happen when you refuse a breathalyzer test and how an attorney can help you in such cases.
What Happens When You Don’t Submit to a Breathalyzer Test?
Suppose you’re driving around town just like any other day, then you notice a siren and flashing lights behind you. So you pull over your car but are unsure about what you’ve done.
If the police suspect you may be driving while intoxicated, they can ask you to submit to a breathalyzer test. In this case, should you refuse or not?
Some drivers may comply because they think they can pass the test or are concerned about the consequences of refusing this procedure.
Additionally, all 50 U.S. states have implied consent laws. These laws state that any person operating a motor vehicle is deemed to have given consent to a chemical test to determine that person’s blood alcohol content.
In other words, anyone driving a vehicle on a public highway has already agreed to submit to such tests. And if they refuse, they can face potential administrative and criminal charges.
This law doesn’t mean you can’t refuse such tests. Remember that refusal doesn’t immediately translate to an admission of guilt. Even if you don’t comply with the request for a breathalyzer test, you can still challenge the administrative and criminal charges in court.
But refusing a breathalyzer test doesn’t suggest that the police won’t have sufficient evidence to charge you with DUI. To be safe, consider assuming that the police have gathered enough proof already by the time they ask you to take the test.
In some states, refusing a breathalyzer test or complying with it and failing can result in an arrest and a suspension of your license. Still, such an arrest doesn’t immediately guarantee a DUI conviction.
In Florida, a person who doesn’t comply with a breathalyzer test will be subject to a mandatory license suspension of one year for the first offense refusal. A second or third offense can lead to an 18-month license suspension and possible jail time.
In addition, refusing a breathalyzer test can disqualify you from Florida’s Diversion Program. This program gives you a chance to receive a lighter sentence than what you may be charged if you refuse the chemical test.
Still, if you refuse a breathalyzer test, consider contacting a criminal defense lawyer experienced in DUI cases to help with your situation.
Steps to Take After Your Breathalyzer Refusal
If you refuse a breathalyzer test, taking the right steps can help mitigate the breathalyzer refusal consequences.
Get Legal Representation from a DUI Attorney
The most important step after refusing a breathalyzer is to contact an experienced DUI defense attorney as soon as possible. Florida breathalyzer laws are complex and refusing the breath test complicates your defense strategy. A knowledgeable attorney can:
- Evaluate the circumstances surrounding your traffic stop and arrest.
- Determine whether law enforcement followed proper procedures.
- Challenge the legality of the stop or the validity of the refusal.
- Help you navigate the license suspension process.
An attorney can also start working on a defense plan to address the refusal and fight any potential breathalyzer refusal consequences.
Request a Formal Review Hearing
When you refuse a breathalyzer, you have 10 days from the date of the refusal to file for a Formal Review Hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This hearing is important because it provides an opportunity to challenge the administrative suspension of your license. If you do not request a hearing within 10 days, your driver’s license suspension will automatically go into effect and you will have no further recourse to contest it.
During the hearing, your attorney can:
- Question the arresting officer under oath about the circumstances of the stop and arrest.
- Present evidence to dispute the validity of the refusal.
- Attempt to have the suspension lifted or reduced.
If successful, you may be able to reinstate your driving privileges temporarily or get the suspension dismissed altogether.
Apply for a Hardship License
If your formal review hearing does not result in a favorable outcome or if you choose not to pursue a hearing, you may still be eligible for a hardship license after serving part of your suspension. This restricted license allows you to drive for essential purposes, such as work, school, and medical appointments.
To apply for a hardship license, you must:
- Complete DUI school (within 90 days of the suspension for a first offense).
- Submit proof of enrollment in DUI school to the DHSMV.
- Pay the necessary reinstatement fees and provide any additional documentation.
While a hardship license does not fully restore your driving privileges, it helps mitigate the impact of the suspension, allowing you to maintain employment and fulfill other essential responsibilities.
Prepare for Court
Refusing a breathalyzer does not mean the state has no evidence against you. Prosecutors can still charge you with DUI based on other indicators of impairment, such as field sobriety tests, officer observations, and your driving behavior.
To defend you in court, your criminal defense attorney will:
- Scrutinize the legality of the stop (Was there probable cause for the law enforcement officer to pull you over?).
- Analyze body camera or dashcam footage.
- Evaluate whether field sobriety tests were properly administered.
- Identify any inconsistencies in the police report or officer testimony.
- Determine whether a plea deal is in your best interest or if fighting the charges in court is the better option.
- Aggressively defend you based on hard facts and evidence and fight for your rights and freedom.
Potential Defenses Your Florida DUI Lawyer Will Use If You Refused a Breathalyzer Test
An experienced DUI attorney will mount a strong defense, even in cases where the driver has refused the breath test. Here are several common defenses your Florida DUI attorney may use if you have refused a breathalyzer test, whether or not you are facing DUI charges:
Challenging the Legality of the Traffic Stop
Your attorney will first examine whether the initial traffic stop was lawful. Under Florida law, a police officer must have reasonable suspicion to pull someone over, such as swerving, speeding, or running a stop sign. If the officer lacked reasonable suspicion or probable cause, any evidence collected, including the refusal to submit to a breathalyzer, could be deemed inadmissible. This could lead to the dismissal of the DUI charge.
Lack of Clear Implied Consent Warning
Florida Implied Consent Law requires law enforcement to inform drivers that refusing a breathalyzer test will result in a mandatory license suspension. If the officer failed to clearly communicate the penalties of refusal, your attorney may argue that you were unaware of the consequences and that your refusal should not lead to suspension or additional penalties.
Medical or Physical Inability to Perform the Test
There are situations where a driver may refuse or fail a breathalyzer test due to medical conditions or physical limitations rather than willful refusal. For example, respiratory issues like asthma, lung disease, or panic attacks could make it difficult to comply with a breath test. Your attorney can use medical records to argue that you were physically incapable of completing the breath or blood test or urine test rather than refusing it out of guilt.
Coercion or Improper Conduct by Law Enforcement
Your DUI attorney may examine whether law enforcement used coercion, intimidation, or unlawful methods to force you into refusing the breathalyzer test. If an officer made threats or did not follow proper procedure, it could form the basis of a DUI refusal defense. For instance, if the officer continued to question you after you requested an attorney, they violated your rights.
Sobriety Without the Test
Even without the breathalyzer results, a DUI charge can be defended if other evidence indicates sobriety or a BAC within the legal limit. Your attorney can gather testimony from witnesses who saw you driving normally, videos from the traffic stop, or surveillance footage that shows no signs of intoxication. Moreover, field sobriety tests administered during the stop may have been flawed, unreliable, or improperly conducted, making them inadmissible.
Questioning the Officer’s Observations
In many DUI cases involving refusal of a breathalyzer, the prosecution relies on the officer’s observations of impairment. These might include slurred speech, bloodshot eyes, or the smell of alcohol. Your attorney can challenge the accuracy of these observations by presenting alternative explanations for such symptoms. For example, fatigue, allergies, or prescription medications could mimic signs of intoxication. Additionally, some conditions like red eyes or unsteady gait can have innocent causes unrelated to alcohol consumption.
Procedural Errors in the Arrest
A DUI arrest must follow strict procedures under Florida law. Your attorney will scrutinize the arrest process of the law enforcement officers for any errors, such as failure to read you your Miranda rights or incorrectly administering a field sobriety test. If procedural violations are identified, they can be used to challenge the validity of the DUI charge and the breathalyzer refusal penalty.
Necessity or Duress Defense
In rare circumstances, your attorney may argue a necessity or duress defense. This applies if you were forced to drive due to an emergency or under threat. For instance, if you were fleeing from a dangerous situation and refused the breathalyzer under duress, the court may recognize that your actions were justified.
Unlawful Arrest or Detention
If the police arrested or detained you without sufficient probable cause, your refusal of the breathalyzer might not hold up in court. Your attorney will carefully assess the facts of the case to argue that the arrest was unlawful, and therefore, any evidence obtained, including the breathalyzer refusal, should be suppressed.
The Importance of an Attorney for DUI (Driving Under the Influence) Cases
Working with an attorney specializing in DUI cases can help assert your rights and contest the charges against you.
Before doing or refusing a breathalyzer test, one thing to consider is that if you submit to the test, your attorney can challenge the results later in court. On the other hand, refusal means the prosecution can use that decision to imply that you knew you were intoxicated.
Furthermore, submitting to such a test allows your attorney to challenge other aspects of the case, like whether the arresting officer had probable cause or reasonable suspicion to pull you over during the initial stop.
And even if you fail the breathalyzer test, having a skilled and experienced DUI lawyer can help lessen your penalties or even get the prosecutor to drop the charges against you.If you’re in Orlando, Florida, and need legal assistance for your DUI charge or any criminal defense case, call Parikh Law, P.A.: Criminal Defense Attorney at (321) 204-7948 for a free consultation.
References
- Drunk Driving
https://www.nhtsa.gov/risky-driving/drunk-driving
- INTERPRETATION OF IMPLIED CONSENT LAWS BY THE COURTS
ttps://www.ojp.gov/ncjrs/virtual-library/abstracts/interpretation-implied-consent-laws-courts