Most DUI cases are filed after the police pull you over and have you submit to a breath test. The law implies that a breath test is the State’s right, because you have taken advantage of the laws that allow you to drive, so the State should be able to give you a breath test if an officer of the law believes one is appropriate. But taking a breath test after you have had too much to drink will almost surely show that your blood alcohol content is over the legal limit, so it is natural to wonder if you have choices. While you do have the right to refuse to take a breath test, knowing the possible outcome of doing so is good information.
Three possible consequences of refusing to take a breath test when pulled over for DUI include:
- Loss of your driver’s license for up to an entire year.
- The fact you refused the test can be used as evidence against you in the criminal portion of your DUI case in Court.
- Loss of your driver’s license for a year and ½ if you have refused a breath test in the past.
No two cases are the same, and it is important to review every fact of your case when coming up with a defense that fits. Even if you submitted to the breath test, you do have a defense to the charges. Not all tests are given properly, and if that happened to you, you might be able to successfully claim the test results should not be admitted in Court. Or, you may have evidence of another reason for the test result, like a prescription or other legal substance in your system. So, if you decided to take the breath test because the possible consequences seemed too harsh, do not think that means you do not have a defense. Our team of DUI defense attorneys has seen it all, and can go over your case with you to identify which facts will help your defense and let you know what you can expect. If you have been charged with DUI, whether you agreed to take the breath test or exercised your right to refuse, call our office to find out what to do next.
For more information about DUI defense, 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.