There is a lot of information about DUI cases out there, some of it is good and some of it is not so good. For instance, counting drinks or sipping water in between alcoholic beverages is NOT sure fire ways to keep your BAC under the legal limit. The only sure fire way to avoid a DUI arrest is to have a designated driver, call a driver, or decline drinks if you are required to drive after leaving a friend’s house or restaurant. If you are pulled over for DUI, you can expect that the officer will ask you to submit to a field sobriety test, and if you refuse to do so, additional efforts will be taken to determine your BAC.

In Florida, the law presumes that when you voluntarily take to the road, it is implied that you consent to a breath test upon request. This is what is meant by implied consent”, and the specifics of this law can be confusing. The confusion comes in the fact that you actually can refuse to take a breath test if asked. The result of refusal will be:

  • A trip to the local station, where a blood test may be administered.
  • Your refusal to take the breath test can be used as evidence against you in the criminal case against you for DUI.


There are instances where refusing the breath test is beneficial to your case. If you have been arrested for DUI, call our office for a thorough review of the facts so the best defense strategy can be developed. We have experience helping people fight DUI’s and know where to look for helpful pieces of your case. Protect your rights by calling us today.


For more information about implied consent laws, and the refusal to submit to a breath test, call an experienced defense attorney in Stuart and the Treasure Coast. We work with you to tailor a defense that fits the specific facts of your case. We offer an initial consultation for no charge, and look forward to helping you resolve your case in a satisfactory way.