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Can You Refuse a Breathalyzer Test in Florida? And Should You?

If you’ve been pulled over on suspicion of drunk driving in Florida, you’ll probably be asked to take a field sobriety test, a breath test for alcohol, or both. Some people may think that if they refuse to take the breathalyzer test, they can’t be convicted of DUI because there’s no proof.

However, this misinformation could get you into more trouble than taking the test.

Trusted DUI Defense in Daytona Beach

If you have a valid Florida driver’s license, you’ve already agreed to submit to a breathalyzer under Florida’s implied consent law. Under this law, if a police officer suspects you’re driving under the influence, you must submit to the breath test.

If you refuse the test, your license is subject to immediate suspension for at least a year. That’s just for a first offense. If you’re pulled over a second or third time and refuse the breath test, your license will be suspended for 18 months, and you’ll face jail time.

If you’re convicted of a DUI in Florida, you could receive:

  • Jail time
  • Fines
  • An ignition interlock device (IID) installed in your car
  • License suspension

A DUI lawyer can help reduce some of these charges and protect your rights.

How Can DUI Attorneys in Daytona Beach Help Me?

Having a DUI on your record can affect your chances of employment, especially in jobs where you’d be required to drive or operate heavy machinery. It can also affect your sentencing if you’re pulled over again, and even affect your reputation in your community.

DUI defense in Daytona Beach can mitigate consequences from a failed breath test and may be able to help get a DUI or DWI off your permanent record. Or, they can recommend that you participate in the Florida Diversion Program instead of jail or fines and even have the charge dropped.

If you refuse to take the breathalyzer test, you’ll be ineligible for that program, and your penalties can be steeper.

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