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Think twice before refusing a Breathalyzer test in Florida

Do you know a police officer can arrest you on suspicion of drunk driving if you're sitting behind the wheel of your car on the side of the road while the engine idles? If the officer determines he or she has probable cause to arrest you for possible DUI, it doesn't matter whether or not your vehicle was moving at the time. In fact, there are many laws and regulations governing DUI arrests that may surprise you.  

The more you know about Florida drunk driving laws ahead of time, as well as how to protect your rights if a law enforcement officer takes you into custody, the better. A major factor in many DUI arrests is implied consent laws. In short, when you obtained a driver's license in this state, you agreed to do certain things, including submitting to a Breathalyzer test if a police officer lawfully requests that you do so.  

Implied consent law facts you should know 

A major difference between a speeding ticket and a DUI arrest is that the former is a traffic violation and the latter is a criminal offense that could impact your entire future. The following list includes basic facts regarding implied consent rules that may help you try to avoid a drunk driving conviction: 

  • Florida implied consent laws activate administrative penalties if you refuse to take a Breathalyzer, blood or urine test following a DUI arrest.
  • Such penalties include driver's license suspension.
  • There are no legal repercussions for refusing to take a Breathalyzer test.
  • You may want to consider the negative impact a driver's license suspension may have on your personal and professional life before deciding whether or not to submit to a Breathalyzer.  

There is a difference between a preliminary alcohol screening breath test and a Breathalyzer test. Understanding the difference may affect the outcome of your situation when facing DUI charges in Florida. 

Build a strong defense 

Some Florida motorists would rather incur license suspensions than submit to Breathalyzer tests, which may produce evidence of DUI that prosecutors can use against them in court. Others think it's always better to cooperate with police officers as much as possible when their freedom is at risk. No matter which course of action you take, it can be very helpful to rely on experienced support when trying to protect your rights and avoid a drunk driving conviction. 

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