Imagine this situation: it’s a quiet night in Tampa and you’re driving home from a party. Suddenly, you see police lights flashing behind you.
Though you’re not sure why, it’s clear you’re about to get pulled over. You know where this is going: the officer will ask you to take a breathalyzer. The thing is, you’re not sure just how many drinks you’ve had.
In situations like these, it’s often tempting to refuse a breathalyzer. About 35% of Florida drivers do it, far more than the national average of 24%. The question is: what happens if you refuse a breathalyzer?
To answer that, we need to go over your rights as a driver. Read on to learn more about breathalyzer tests in Tampa, FL!
How Breathalyzer Tests Work
First things first: how do breathalyzer tests work?
As the name implies, this test measures how much alcohol is in the air you breathe out. It does so by looking at your blood alcohol content (BAC). Like in the rest of the country, the legal alcohol limit in Florida is .08% BAC.
Breath analyzer tests come in two types. The first one is the preliminary alcohol screening (PAS) test, which involves a small portable machine. This is what most people think of when they imagine a breathalyzer test.
The second test is the evidential breath test (EBT). This test involves a larger, stationary machine at the police station or jail. EBT tests are more reliable, and many officers will use them to confirm the earlier PAS results.
Implied Consent Laws in Florida
Once a police officer stops you for a DUI, they’ll likely ask you to do a PAS test. Though you can refuse it, there will be consequences for doing so.
Why is this the case? Simple: in Florida, the implied consent law states you must agree to a chemical or physical test if you’re stopped for DUI. This can include a breath test, urine test, blood test, or field sobriety test.
If you refuse to take one of these tests, your license will get suspended for a year. Keep in mind this is an automatic suspension. It will happen regardless of whether you get convicted of DUI later.
The only caveat to the implied consent law is that the police officer needs probable cause to stop you. If you can prove they didn’t have one, your refusal to blow won’t affect your driving privileges.
What Happens if You Refuse a Breathalyzer?
Refusing a breathalyzer can have several possible consequences. This depends on whether this is your first refusal or not.
If this is your first refusal, you’ll face a mandatory license suspension. During the first 90 days, you won’t be eligible for a hardship license. This license allows you to drive to work and other essential appointments.
A second refusal of a breath test counts as a misdemeanor. According to breathalyzer laws, this will result in an 18-month license suspension. You won’t be eligible for a hardship license for those 18 months.
If you’re facing a criminal trial, refusing a breath test allows the prosecutor to use it against you. This falls under the “consciousness of guilt” argument. This can dramatically increase your odds of going to jail.
It’s also worth noting that refusing a breathalyzer doesn’t mean you won’t get convicted of DUI. If you were driving erratically, the police officer could still take you in for driving under the influence.
Should You Refuse a Breathalyzer?
So, is it better to take or refuse a breathalyzer if you’re unsure you’ll pass it? In most situations, your best bet would be to take it.
Let’s look at this from this perspective: what’s most likely to happen? If you’re convicted of DUI, you’ll get your license suspended and face fines. In some cases, jail time is also a possibility.
However, this is the worst-case scenario. If this is your first offense and you blow under .16% BAC, you may qualify for the Diversion Program. This is a far lighter sentence than what you’d get for refusing to blow.
The Diversion program can involve several requirements. These include:
- Community service
- Attendance at DUI school
- Victim Awareness Program
If you complete the Diversion program, your DUI charges will go away. At this point, you can choose to have your record expunged. This would remove the arrest from your criminal record.
Other Ways to Refuse a Breathalyzer
If you have no good reasons to refuse a breathalyzer, you may decide to take it. However, refusing a breathalyzer isn’t always as simple as saying “no.”
For starters, a breathalyzer test involves providing two breath samples. If these samples aren’t within 0.02% BAC of one another, you’ll need to take a third one. If you refuse to do so, the first two tests won’t matter.
The two samples you provide must also have a sufficient quantity. If they don’t, this may classify as a refusal to take the test. The same applies if you don’t provide the samples within the allowed time frame.
Issues With the Breathalyzer Test
As mentioned above, a PAS breathalyzer test can be unreliable. Being aware of what influences it can help you decide whether to refuse the test or not.
First, there may be something wrong with the machine itself. It may not be properly calibrated, maintained, or warmed up. Similarly, the officer administering the test may not have the necessary training for it.
Some people may produce higher BAC readings than they should. If you have a slow metabolism, for instance, you’ll need longer to absorb alcohol. If so, the test may state you have more alcohol in your bloodstream than you do.
The officer testing you must also observe you for 20 minutes beforehand. If you burp or vomit during this time, the officer will need to wait another 20 minutes. Otherwise, your test results could be artificially inflated.
Refusing a Breathalyzer: What to Do?
Knowing what happens if you refuse a breathalyzer is essential for protecting your rights as a driver. The above guide will help you decide what to do the next time you get pulled over in Tampa, FL!
Looking to fight your DUI charges? Our experienced attorneys at RHINO Lawyers have litigated thousands of cases like yours! Contact us here for a free case evaluation or video consultation!
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
