If you have been pulled over for a DUI, failed the field sobriety exercises, and told you are under arrest, the next step is submission to a breath test. You will be asked if you will submit to a breath test. You can refuse. You have to determine if this is the best choice for you in the moment.
If you refuse to submit to a breath test, your driver's license will automatically be suspended for a year in Florida. If it is your second refusal, the Department will suspend your driver's license for 18 months and the State Attorney's office can charge you with a first-degree misdemeanor just for the refusal. Driving is considered a privilege in Florida, not a right.
DUIs can be proven without a BAC, blood alcohol content level. The statute reads that a person is guilty of driving under the influence if the person:
1) is in actual physical control of a vehicle, AND
2) a) the person is under the influence of alcoholic beverages, any chemical substance in section 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
b) the person has a blood alcohol level of 0.08 or more; OR
c) the person has a breath alcohol level or 0.08 or more.
Therefore, in addition to number 1, only a, b, or c needs to be met. If you find yourself in this situation, it is imperative that you hire an experienced defense attorney to help you defend against your DUI charges. There may be issues with your traffic stop to begin with. Did the officer have probable cause to pull you over? Is there a motion to suppress issue? If you did submit to a breath test, were there any technical issues with the machine? These are all issues that an experienced DUI attorney can help you with.
Contact Heather Bryan Law today at 863-825-5309, or online, for your consultation. We are here to help!