Should I Take The Breath Test? Important Advice From A Tampa Dui Lawyer

By Author: Erica Ronchetti
Total Articles: 739
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“If I’m stopped by a police officer, should I take the breath test?”

This is a frequently asked question. An experienced Clearwater DUI lawyer or Tampa DUI lawyer will tell you there is no real clear-cut answer. Whether or not you should submit to the breath test depends on the circumstances and facts surrounding your unique DUI case. Rather than advising whether or not you should submit to the test, a Tampa DUI lawyer or Clearwater DUI lawyer can help you understand the pros and cons of taking or refusing the breath test. Once armed with a basic understanding of the consequences, you’ll be better prepared to make an informed decision.

Under Florida DUI law, you can be guilty of DUI (driving under the influence) if your normal facilities (including distance judgment, ability to walk) are impaired, and that impairment is caused by drugs and/or alcohol. Your Tampa DUI lawyer or Clearwater DUI lawyer will also inform you that you can be found guilty of DUI if your BAC or BAL (blood alcohol level) is above .08 when driving. A law enforcement officer will use a breathalyzer test ...
... to record your BAC.

If you decide to take a breath test and your results are above a .08, you’ve just given the state of Florida evidence that will help them convict you of DUI. The corresponding advice a Tampa DUI lawyer or Clearwater DUI lawyer can provide is that if you’re absolutely certain that you will blow below a .08 (i.e. you didn’t drink or you only consumed one drink), it’d be a wise decision to consider taking a breath test. If you’re extremely intoxicated, it may be a better decision to refuse to test—it might help your case in the future.

What are the cons of refusing to take the breath test? First, you will receive an automatic 12 month license suspension. Second, if you’ve been previously arrested for a DUI and refused to blow, the State of Florida can file another refusal charge against you—a first degree misdemeanor. This is another serious criminal charge your Tampa DUI lawyer or Clearwater DUI lawyer will need to handle. If you refuse to take the breath test, the State of Florida can also argue at trial that your decision is an admission of guilt—powerful evidence against your case.

In conclusion, please understand that your decision to take or opt out of the breath test is your own—your Tampa DUI lawyer or Clearwater DUI lawyer cannot advise you to do one or the other. There is no “right” choice. If there is a good chance you’ll blow over the legal limit and there are no previous instances where you’ve refused to blow, it may not be a bad decision to turn down the test. If you believe yourself to be in good shape, it’s unwise to turn it down. Either way, understand the serious effects your decision has on your ability to drive. An experienced Tampa DUI lawyer or Clearwater DUI lawyer can help you solidify your defense against a DUI charge—please educate yourself continue to educate yourself about your DUI legal options.

Erica Ronchetti is a freelance writer working with Roman And Roman Criminal Defense to educate Tampa residents about how to handle DUI charges. Penalties are serious, and an experienced DUI attorneys Tampa or criminal defense lawyer Tampa can make all the difference in your case.