Florida  |  DUI Law

Legal Question

Asked on: 6/23/13, 3:25 pm

I was pulled over for excessive speeding on the Florida interstate while traveling out of town. I was exhausted and didn't realize how fast I was going. Hours earlier I had consumed no more than 3 beers and was well under the limit.

The officer said that he smelled alcohol and I told him I had consumed a small amount of alcohol hours earlier and I agreed to do the Field Sobriety tests. I passed all of the field sobriety tests and the officer told me that “I didn't seem impaired”. He gave me a notice to appear in court for speeding but right before he left me he asked if I would volunteer to take a breathalyzer test. I asked him if it was required that I do so and he said “no”. I told him I would rather not and he said "okay". He then told me to drive home or call someone to pick me up if I was too tired and not comfortable driving.

My question is: Could my license be suspended for not taking the breathalyzer? I just read that refusing to take a breathalyzer automatically results in a 1 year license suspension but I’m unsure if that applies to my situation since I wasn't arrested or charged with a DUI—I was only given a notice to appear for excessive speeding.

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search