Florida Dui Questions
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Taking a DUI Breath Test, Should I?
Taking a DUI Breath Test: Pros and Cons
"Should I take the Breath Test?" This is the question most often of DUI Attorneys at social events and cocktails parents. And, like many things in life, there is no clear-cut, bright-line answer. Rather, the answer depends on the individual facts and circumstances surrounding your particular case. You see, no two DUI cases are exactly the same, so the question of whether or not to blow changes with the facts.
Therefore, rather than trying to answer the question of whether or not to take the breath test, it is best to help the person understand the basic pros and cons of taking a breath test. By understanding the pros and cons before hand, the person will be able to make an informed decision on whether or not to submit to the breath test.
Refusing The Breath Test: The Pros
First and foremost, to understand the pros of refusing the breath test, you need to understand the DUI Law. Most States have two ways that you can be guilty of dui. Lets take Florida, for example. In Florida, you can be guilty of a Dui if your normal faculties (ability to walk, talk judge distances) are impaired because you are under the influence of alcohol. However, Florida offers an alternative method by which you can be found guilty of DUI: If your blood alcohol level is above a .08. In Florida, the State can use the breath test result to show BAC is above a .08.
Accordingly, if you choose to blow, and you blow above a .08, you have gone along way to helping the State prove on of the elements of DUI. Therefore, the advice is this: if you know you will not blow a .08 or higher (ie. You did not drink, or had one drink), then it would be wise to consider blowing. Otherwise, consider refusing. Do not give the State such a powerful piece of evidence.
Refusing the Breath Test: The Negatives
However, there are ramifications to refusing a breath test. The lawmakers understood that everyone had a choice to blow, and if there was no negative consequences, then people would rarely, if ever, choose to submit to the test. Therefore, they have allowed one big consequence to those who choose not to take the breath test: A 12 month license suspension for the first refusal. This is an administrative suspension that goes into effect even ifyou DUI Lawyer gets your DUI dismissed.
Another thing the lawmakers did just recently: If you have previously been arrested for DUI and refused to blow, and now you are being investigated a second time in your life, and you refuse to blow again, the lawmakers have decided that they can choose to file a second criminal charge against you: Refusal to Blow, a first degree misdemeanor. That means, even if you have a great DUI case, you still have a secondary refusal to submit charge that your DUI Lawyer will have to fight.
Finally consider this negative consequence: if you refuse to blow, the State can argue at Jury trial that the refusal to blow is consciousness of your guilt. This "guilty mind" argument can be quite powerful evidence in front of the Jury.
So, the conclusion is this: If you think there is a darn good chance that you will blow over the legal limit, and you have not refused to blow in the machine at a previous incident, then consider not blowing. But recognize the negative effect this may have on your license.
Ultimately, the decision is yours. Either way, your Tampa DUI Attorney will help you build a defense to your charge. Therefore, be armed with the pros and cons mentioned above, and make an informed decision.
About the Author
Christian Denmon is a Tampa DUI Attorney in the Tampa Area. Contact him today at 813-554-3232 or visit him at 918 W Kennedy blvd. Tampa FL 33606 for any legal questions and receive a free legal consultation. His website can be found at http://www.denmonlaw.com