If you’re worried about a DUI arrest or the potential consequences of drinking and driving, you’re in the right place. The first step is to contact a DUI defense attorney and familiarize yourself with Florida’s DUI laws. Take a deep breath—we’re here to help, whether you’re currently dealing with a stressful situation or just being proactive.
Can You Refuse a Sobriety Test in Florida?
You might be wondering: Can you refuse to take a sobriety test in Florida? Technically, yes, you can refuse, but we don’t recommend it.
In Florida, field sobriety tests typically include a breathalyzer and exercises like the walk-and-turn or the one-leg stand. While it might seem like refusing these tests would help, it could actually hurt your case. Refusing a sobriety test can result in an immediate suspension of your driver’s license for up to one year.
What Does Implied Consent Mean in Florida?
Florida’s Implied Consent Law means that by operating a motor vehicle in the state, you automatically consent to chemical or physical tests to determine your blood alcohol content (BAC). If you’re driving in Florida and law enforcement suspects you of driving under the influence, you have implicitly agreed to undergo sobriety tests. Refusing these tests can have serious consequences, including license suspension, as mentioned earlier.
What Is Florida’s Breath Test Law?
Florida’s Breath Test Law is tied to the Implied Consent Law. If you are pulled over on suspicion of DUI, you will likely be asked to take a breath test—usually a breathalyzer. This device measures your BAC, and in Florida, the legal limit is 0.08%. For drivers under 21, the limit is 0.02%, part of the state’s strict zero-tolerance policy for underage drinking.
Can You Request a Blood Test Instead of a Breathalyzer in Florida?
Some people might wonder if they can request a blood test instead of a breathalyzer. However, under Florida law, you don’t have the option to choose. The type of test—whether breath, blood, or urine—is determined by law enforcement based on the situation. Blood tests may be administered in specific circumstances, such as after an accident, if you’re hospitalized, or when it’s not feasible to conduct a breath test.
You do have the right to refuse any sobriety test, but you cannot dictate which tests are given. The decision is up to law enforcement based on the conditions at the time.
This post was written by a professional at Ticket Shield. Ticket Shield understands that life can sometimes throw unexpected challenges your way. That’s why Ticket Shield is here to help you navigate through legal roadblocks when you need it most. Their team of experienced lawyers specializes in a range of traffic-related legal matters, ensuring you have the best defense possible. Types of teams available:
- Traffic Ticket Lawyer
- DUI Lawyer
- Speeding Ticket Lawyer
- Reckless Driving Lawyer
- Suspended License Lawyer
- Red Light Ticket Lawyer
- Stop Sign Ticket Lawyer
- Seat Belt Ticket Lawyer
Don’t let traffic tickets or driving-related charges weigh you down. Contact our DUI Lawyer in Broward County today for a free consultation, and let Ticket Shield be your shield in the legal arena. Your peace of mind is their priority!
