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Breathalyzer Test: Your Rights and How it Holds Up in Court

Some drivers are perpetual drunks, and they already have a bucketful of excuses they would give the police if they get pulled over for drunk driving. People like this might tell you that you get into an argument with the police over their reason for pulling you over or distract them from your intoxicated state or put a penny into your mouth so that the breathalyzer wouldn’t work or even go as far as refusing the breathalyzer outrightly. These tricks, even though they are wrong, might work but there are lots of flaws with them, and if they go wrong, you might just be needing the services of bail bondsmen in Orlando soon. Also, important to note is that you should never take advice from a perpetual drunk driver.

Can you refuse to take a Breathalyzer test?

To answer this question, we need to get some things clarified and out of the way. First, you need to understand that driving in the United States is a privilege and not a right. The state of Florida gave you the privilege to drive, and that privilege can be taken away at any time if you defy any of the laws you vowed to abide by. These laws and regulations were given to you when you took your driver’s education, and you agreed to follow them when signing for your driver’s license. This agreement is known as “implied consent,” and as far as driving is concerned, you must have your proof of driver’s insurance and your driver’s license every time you are driving.

This implied consent also means that you must show these documents anytime a police officer request for them. You are also obligated to agree to urine, blood and breath tests when required. All of these laws are followed duly in Orlando, but you can as well refuse if you want to.

You can refuse a breathalyzer test in the state of Florida as long as you are prepared to face the consequences. This is not the smartest move to make because even if you escape being charged for driving under the influence, you will suffer the penalty for refusing the breathalyzer test. The penalty for refusing a breathalyzer test in Florida is a mandatory suspension of your driver’s license. If your license has been suspended before for refusing to take the test, a second refusal will earn you a misdemeanor charge in addition to the second license suspension. For your misdemeanor charges, you will need the services of bail bondsmen in Orlando to help with the bail.

Does refusing to take the test prevent getting a DUI?

You would think that a suspended license is a better option than getting arrested and having a DUI on your record. You think because there is no breathalyzer evidence against you, you cannot be charged. This is the wrong way to think. After your refusal, you will have to go to court where you would explain to a judge your reasons for refusing to take the test. Also, if you did not have anything to hide, why would you refuse to take the test? It is a bit suspicious. Refusing a breathalyzer is a subtle admission of guilt, and if the dash-cams on the police vehicle captured your interaction with the officers, it is possible that those cameras recorded you stumbling and slurring your words like a drunk.

The laws in some states are harsher

Some states have no-refusal policies in place which means you cannot refuse to take the test if a police officer asks you to. Even if you refuse, the officer can get a warrant issued immediately, and you will even be asked to do a blood test.

The Alternative

Some lawyers advise their clients to refuse both the breathalyzer test and the field sobriety test. Their argument for this is hinged on the fact that the breathalyzer can never be in your favor and you might still be issued a DUI when you take the test. Even if you are not a .08, the officer may still declare you as being too drunk.

In some states, the portable breathalyzer at the checkpoint is inadmissible as evidence in court. It is only powerful enough for the officer to arrest you. You will still need to take another test with the breathalyzer machine at the police station. It is the result from the other machine that is admissible in court. Refusing a test gives you the chance to fight in court instead of getting a DUI on your record. If you are planning to do this, you have to know what it entails and how bail bondsmen in Orlando can help you. It is also crucial that you stay wary of lawyers who advise you to refuse the test. They just might be looking for ways to make money off you because whether you are convicted or not, the lawyer gets paid.

Is your loved one in jail for DUI charges?

It could be you or your loved one that has made a bad decision and needs help to get out of it. Going to jail involves a lot of steps and hoops to jump through such as appearing in court, stressful court locations, bail amounts, etc. You also need all the help you can get in paying for bail which is usually too high to pay for yourself. This is where you need to consult with bail bondsmen in Orlando. Contact us at Mike Snapp Bail Bonds, and we will help you sort out the courts, make bail and get your loved one released as soon as possible. Give us a call on 407 246 0919 to get started.