Florida DUI: Should You Submit To A Breathalyzer Test?

Outside the Clay County Courthouse, Attorney Ian Weldon explains that if you are pulled over for suspected DUI in Florida, field sobriety exercises are optional and can be used against you, but the breathalyzer is required under Florida’s implied consent law. These are the kinds of issues a Jacksonville DUI defense lawyer addresses regularly, and refusing a breath test can lead to an automatic 12-month license suspension with harsher penalties for repeat refusals, making it critical to understand your rights if you are arrested.

Submitting to a breath test can provide the state with evidence, but refusal does not automatically mean you will avoid DUI charges. Officers may still rely on observations, field sobriety exercises, and other evidence to pursue a case. Watch the video to learn what you can do if you find yourself facing a breathalyzer in Florida.

Protect Your Freedom Before A Single Decision Costs You

If you are facing a DUI arrest or have questions about your rights after a traffic stop, speaking with a Jacksonville lawyer can make a critical difference. Weldon Law Group, PLLC, offers free consultations to help you understand your options and protect what matters most.

FAQ About Florida Breathalyzers And DUI Stops

What Does Florida’s Implied Consent Law Mean For Breathalyzer Tests?

When you drive in Florida, you are considered to have already agreed to submit to a breath, blood, or urine test if you are lawfully arrested for DUI. This agreement is automatic and applies whether or not you were aware of it at the time of the stop.

Can You Refuse A Breathalyzer Test In Florida?

Yes, you can refuse to take a breathalyzer test, but refusal carries immediate consequences. A refusal triggers an automatic driver’s license suspension, even if you are never convicted of DUI.

How Long Is Your License Suspended For Refusing A Breath Test?

A first refusal typically results in a one-year license suspension. A second refusal can lead to an 18-month suspension and may be charged as a separate criminal offense.

Does Refusing A Breathalyzer Mean You Avoid A DUI Charge?

No. Refusing a breath test does not prevent DUI charges. Officers may still rely on field sobriety exercises, observations, video, and other evidence to pursue the case.

Should You Always Refuse Or Always Submit To A Breathalyzer?

There is no one-size-fits-all answer. Prior DUI history, prior refusals, and the circumstances of the stop all matter, which is why understanding your rights and speaking with a lawyer as soon as possible is important.