Should You Take a Breathalyzer Test?
When you are pulled over by a police officer under the suspicion that you are driving under the influence of a chemical substance or a controlled substance, such as alcohol, the officer will perform field sobriety tests, and if arrested, the officer will ask you to perform a breathalyzer test to determine your level of intoxication.
There are 3 basic reasons why you may not want to give a breath sample and blow into the Intoxilyzer machine:
- You may not want to provide the police or the prosecution any incriminating evidence against you.
- If there is no other incriminating evidence against you because you have a decent video or do not have a bad driving record, you may not want to create any contradictory evidence that can then be used against you.
- Even if you are impaired but do not blow, then you may be able to save yourself from any additional or harsher penalties.
So the question is: when do you blow? You should make the decision to blow into the intoxilyzer machine when you know that you are not impaired. Unfortunately, many people who are not intoxicated refuse to blow, leaving the officer no other choice but to assume they are in fact impaired. Refusing to blow will lead to your arrest and harsher penalties than you would have sustained had you consented to blow.
However, if you are in fact drunk, then you should refuse to submit to the breathalyzer test in order to avoid the penalties associated with the evidence of a blood alcohol content (BAC) over the legal limit of .08.
If the officer determines that you are in fact under the influence based on his/her observations, you will be put under arrest and asked to perform a breathalyzer test in order to determine your blood alcohol content (BAC). Breathalyzer results are powerful evidence and although refusing to take the breath test in Florida is not a crime, it is admissible as evidence of guilt of the DUI. However, this argument is not nearly as strong as a breathalyzer result above the legal limit, as juries often do not find a refusal to be evidence of guilt. It can be argued that a driver is generally confused as to what a breathalyzer test entails. Remember, you do not have the option to speak to a lawyer before you have to decide whether or not to blow. The choice is yours alone, but keep in mind the penalties you may face should you choose to blow versus the penalties you may face should you refuse to blow.
