You just finished a late night out and decided you're good to drive. While on your way home, a cop pulls you over and asks if you’ve been drinking. Not wanting to lie, you affirm that you’ve had a couple of drinks, but you assure him that you’re sober. He then asks if you’re willing to prove your sobriety by taking a breathalyzer test. You aren’t confident that you’ll blow under the limit, so you wonder to yourself, “Can I refuse to blow?”
Can You Refuse to Blow?
The short answer is that you can refuse to blow, but that doesn’t mean you should. A Florida police officer cannot make you take a breathalyzer test, but as a Florida driver, you’re under implied consent to comply with all substance testing (breathalyzer, field sobriety tests, blood tests, etc.) Therefore, any Florida driver who refuses to blow will face a mandatory one-year license suspension; additionally, multiple test refusals within a period could result in jail time!
Should You Refuse to Blow?
When weighing your options, it’s typically better to blow and fight potential DUI charges.
Here are some reasons why it’s typically better to blow:
- Depending on the circumstances of your case, even if you refuse to blow you could be charged with a DUI;
- A first-time DUI offense with under a .16% blood alcohol content could be taken off your record through the Florida diversion program (refusing to blow makes you ineligible for the program if you’re charged with a DUI);
- There are many ways to challenge breathalyzer results; there is no way to challenge a refusal to take a breathalyzer test.
As you can see, while you can refuse a Florida breathalyzer test, it’s rarely the best option. We hope this blog helps you if you ever find yourself in a situation where you’re asked to blow!
Have you or a loved one been charged with a DUI? Call Hager & Schwartz now at (305) 330-1360 for a free consultation!