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Baginski Brandt & Brandt Port St. Lucie Criminal & Family Attorneys
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Should I agree to take a breathalyzer test? What happens in Florida if I do not?

The first time that you’re stopped for a DUI, if you refuse to take a breathalyzer test, there really isn’t any criminal penalty, although there is a civil penalty to it where your driver’s license can be suspended. In subsequent times, two, three, etc, if you’re stopped and you refuse to take the test, not only is there the civil penalty regarding the suspension of your driver’s license, but also there can be a criminal charge of refusal to submit to a legal test. That can be a first-degree misdemeanor added on to whatever it is that you have.

Now, the decision to take that test is a personal decision. The upside to the refusal is that they don’t have the blood alcohol level and it makes it more difficult to get a conviction for DUI. The downside is your license can be suspended, and a second refusal will result in an additional penalty, and then you’re looking at that misdemeanor, not just the DUI. It’s a personal choice as to how people decide to approach the situation. If you do the test and you do blow over the limit, it makes it much more difficult for your attorney to end up with an acquittal, or even a dismissal.

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