Legal Question in DUI Law in Florida

Re: To take or refuse a breathalyzer?

That depends on the particular circumstances. There are penalties if you refuse to submit to a breath test, such as automatic suspension of your license. If you have refused in the past, it can also be a crime.

If you have additional questions or would like to discuss the circumstances of your particular case, please feel free to contact me.

Re: To take or refuse a breathalyzer?

When you receive your Drivers' License you agree that you will submit to the test. There are consequences built into Florida law regarding the penalties related to a refusal.

In other words, the law says that you must submit to the test, and an attorney is not allowed to (nor should they) advise anyone to break the law. The decision to blow is up to the individual, and should be based on their own set of circumstances.

If you refuse the test your license will be suspended, much the way that it would be if you blew and tested above the legal limit. There are options available to you in order to restore your driving privileges, and if you find yourself in that situation you should contact an attorney to review your options with you.

The best way to avoid the situation is to not drive after drinking. Appoint a designated driver, hire a taxi, get a ride, but don't get behind the wheel after drinking.