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.

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