Refusing a Breathalyzer Test
Breathalyzer tests (along with the field sobriety tests given to motorists pulled over for drunk driving) often produce inaccurate results that can be used to wrongly arrest drivers for DUI. In many cases the breathalyzer devices and blood test machines are more than 10 years old and may not be serviced as frequently as they should be. Unfortunately, police departments do not always prioritize regular inspections and maintenance of expensive machinery.
If you have been arrested for DUI, you may be a victim of inaccurate or false test results. Consider contacting the West Palm Beach DWI defense attorneys of Eric N. Klein & Associates, P.A. today at 561-353-2800.
Your Right to Refusal
Typically drivers must consent to a breathalyzer test or risk being criminally penalized for their refusal. Florida has an Implied Consent law, which means that any time you drive a vehicle on the road, you give consent to supply a breath, blood, or urine sample if asked. By refusing you are, in effect, violating your implied consent and may be arrested.
Under Florida law, however, you are allowed one escape from this legalized form of self-incrimination. You may refuse to take a breathalyzer test just once without facing criminal penalty. While you can’t be penalized by a criminal court for your one-time refusal, the DMV may suspend your license as punishment for doing so.
Fighting for Your Rights
By refusing a breathalyzer, you can help to minimize the faulty evidence that the police may try to use against you in a DUI case. If the officer has little reason for pulling you over, it may be possible to have your charges dropped altogether. Likewise, a criminal defense lawyer can work with you to have your DMV license suspension overturned or help you apply for a hardship license while it is suspended.
You have a right to a legal defense in court, and an experienced West Palm Beach criminal attorney will fight on your behalf to ensure that your rights and interests are protected from an overzealous prosecution.
Contact Us
For sound legal advice and assistance regarding breathalyzer refusal and DUI charges, please contact the West Palm Beach DUI defense lawyers of Eric N. Klein & Associates, P.A. today at 561-353-2800.
