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Can I Be Arrested for DUI If I Don’t Take a Breath Test?

By Hager & Schwartz, P.A.

July 5, 2022

Breath test evidence is a crucial part of many DUI cases. You may be wondering, what if you do not supply a breath sample? Can you still be arrested? Can you still be convicted? Let’s go over what could happen after refusal to take a breath test in Miami.

Breath Test Refusal Penalties

First, it’s important to note that you will face at least one penalty just for refusing to take a breathalyzer test. This is because implied consent laws require Florida drivers to take chemical tests when asked during a DUI stop. If you refuse to take a breath test, you face a one-year-long driver’s license suspension.

Arrest After Breath Test Refusal

Technically, you may still be arrested even if you do not take a breath test showing you are over the legal limit. If the police officer can find other probable cause to arrest you, they likely will.

You may be arrested if you:

  • Seem intoxicated based on your physical appearance or behavior
  • Fail field sobriety tests
  • Admit to drinking alcohol before driving
  • Smell of alcohol or drugs

If these factors are present, the officers do not need a breath test result to justify an arrest.

Conviction After Breath Test Refusal

Being arrested does not mean that a conviction is imminent. Even if the police have valid probable cause to make an arrest, it may not be enough to secure a conviction. In order to find the driver guilty, the prosecutor must prove beyond a reasonable doubt that the driver was impaired. This can be quite difficult without clear breath test results showing the driver had an illegal blood alcohol content.

While technically it is still possible to be convicted without breath test evidence, it will be much more challenging for the prosecutors.

DUI Defense Attorneys in Miami, Florida

It’s hard to know exactly what to do during a DUI stop. Whether you refused a breath test or provided a sample, our attorneys at Hager & Schwartz, P.A. can help you fight your DUI charge and work to have your case reduced or dismissed. We’ve helped countless clients facing DUI charges, and we have the experience needed to help you too. Contact our defense team today by calling (305) 330-1360 or click here to fill out a consultation request form.