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Breath & Blood Tests in Fort Lauderdale

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Florida police officers will likely ask you to submit to a breath or blood test if they stop you on suspicion of DUI. You are obligated to take either test, but even if you fail them and are arrested for DUI, your case is far from resolved. A skilled Fort Lauderdale DUI attorney can work to keep you from conviction and fight to protect your future.

Facing DUI charges? Take the first step by requesting a free consultation! We are here to help.

Can I Be Convicted of DUI If I Refuse a Breath Test?

To blow or not to blow? This seems to be the question on everyone’s mind after being arrested for DUI. While some people choose not to take a breathalyzer test in the hope that a lack of chemical evidence will bode well for them at trial, it is important to understand that this does not guarantee a not guilty verdict. Many times, the prosecutor will use your refusal to cooperate as evidence in their case. They may pose questions like “Why would the defendant refuse to take the test if they hadn’t been drinking?”

To a jury of your peers, this could sound like incriminating evidence. While a lack of chemical evidence will certainly make it harder for the prosecutor to secure a conviction, you should not rely on this as a winning defense. You should also know that, regardless of the outcome of your criminal trial, you will be penalized for refusing to take the test. According to Florida’s implied consent law, you do not have the right to refuse a chemical test once you have been lawfully arrested by an officer who has probable cause.

The penalties for refusing to take a chemical test in Florida include:

  • First refusal: one-year driver’s license suspension
  • Second refusal: 18-month driver’s license suspension
  • Third refusal: 18-month driver’s license suspension

Can an officer physically compel me to take a BAC test?

Although it is against the implied consent law to refuse a chemical test once you have been arrested for driving under the influence, an officer cannot forcefully compel you to do so – in most cases. There are certain exceptions, which means that there is more than one answer to this question. If you are unconscious, for example, the state has the power to administer a blood test. This is true even if you haven’t been formally arrested.

On the other hand, you also have the right to ask for a blood, breath or urine test if you are arrested for DUI and the officer has not already asked you to take one. Once you ask, a police officer is legally required to give you a test. This could help your case if you were mistakenly arrested for drunk driving or “drugged driving” and you want to prove your side of the story before the situation gets worse. After all, that is your legal right.

Why You Shouldn't Refuse a Chemical Test in Florida

You are mandated to submit to a chemical test in Florida due to implied consent laws, which you automatically agree to by driving on a public road. Refusal will result in an automatic suspension of your driver's license. Your first refusal will result in a year-long license suspension, while any subsequent offenses carry a suspension of 18 months. Even if results show that you are driving with a blood alcohol over the legal limit of 0.08%, our criminal defense lawyers can fight these results in court. A strong legal defense can result in having your case thrown out!

Are Breath & Blood Test Really Accurate?

While an officer or prosecutor may try to convince the judge and jury chemical test evidence is definitive proof of intoxication, our legal team knows that is far from the truth. Breath and blood tests in Florida are not scientifically reliable. Not only can they be messed up due to improper machine maintenance, but something as small as mouthwash can throw off the results! Breath tests are especially vulnerable to inaccurate readings.

Test results can often be messed up by thing likes:

  • Incorrect administration or calibration
  • Certain medical conditions
  • Recent belching
  • Dentures or dental issues

There are also many issues that can cause a blood test to produce inaccurate results.

As such, the results of your test can be challenged.

Challenging Your Chemical Test Results

Chemical tests do not equal a conviction. We believe our clients deserve to be defended against any charge they are up against. When you have been hit with a DUI accusation due to a chemical test, we can fight on your behalf.

Any of the following factors could jeopardize the case against you:

  • The condition of the blood sample in the collecting or storing may be compromised
  • Other types of alcohol from food or medicine may be giving a reading
  • Improper handling of the device by the police officer
  • Outside environmental factors such as radio frequency interference
  • Violation of your rights during the testing in any way

If you took a blood or breath test in Florida and were arrested as a result, now is the time to call our firm. With years of collective experience and 24/7 availability, we are the DUI defense team you want on your side during this process.

Fighting Your DUI Charges - Call for Help (954) 543-1788!

A DUI arrest is no reason to lose hope. At Rudenberg and Glasser, P.A. our legal team can scrutinize any chemical test results implying your supposed guilt and work to have your DUI charges dropped. Call our Fort Lauderdale DUI defense lawyers today to get started.

Contact us or feel free to fill out our no-cost online case evaluation!

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