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Should I Submit to a Breathalyzer Test?
DUI charges carry serious penalties in Florida, as in other states. Much public attention has been brought to drunk driving, making it one of the most common arrests in Florida. If you have been stopped for DUI do you know what to do? One very frequent belief is that you should refuse to take a breath test if stopped for DUI. Drivers in Florida agree to submit to breath, blood, or urine testing if requested to do so by a member of law enforcement. When you sign your driver’s license you are agreeing to the terms, including this requirement. The decision to refuse to take a breath test is ultimately your own choice. However, if you do refuse, keep in mind that you will be subject to some charges in addition to your original charges for which you were arrested.
Submission to Breath, Urine, or Blood Tests
By refusing to take these tests you will be charged and the result upon conviction is an automatic suspension of your driving privileges. In Florida, if you refuse to submit to these tests it is assumed that you were intoxicated. Depending on the circumstances, there may be reasons why you don’t want to take such a test. However, be aware that there will be consequences for your actions. In some cases a better approach is to request that you have your own tests completed. These are done in addition to the testing that is done through law enforcement. You will need to request these tests immediately as they must be completed within 4 hours. However, your attorney may be able to find some problems with the way the original testing was completed or with the way the results were analyzed. It is often a good idea to conduct your own testing so that this information can be used to help your attorney defend DUI charges.
What is the Legal Limit in Florida?
For drivers over the age of 21, the legal limit is 0.08. If you have a test result that is close to this number it is a good idea to have your own tests conducted. Law enforcement must administer the tests quickly. They may request a breathalyzer test at the scene of the traffic stop. If you are arrested they may require a blood test or a urine test. These tests may provide a more accurate BAC reading. A skilled DUI attorney understands how the tests should be administered and will review the details of your specific case to see if the tests and results are accurate. If there were any problems with the way the tests were given or in how the results were reviewed there may not be enough evidence to move forward with charges. Your lawyer will work to reduce or eliminate any charges against you.
Penalties for DUI Conviction
The penalties for DUI conviction in Florida are harsh. They include various punishments that may include jail time, fines, and suspension of your driver’s license. If this is your first DUI and there was no accident, no property damage, and no injury, the penalties may be less severe. Repeat DUI convictions include increasingly harsh punishment. Even if you are convicted of DUI, an experienced attorney will work to get you the lowest possible penalties in your case. Your lawyer knows that you will need to keep some driving privileges in order to maintain your job and will do everything possible to help you in that regard. When you have been arrested for a DUI it is best to discuss the situation with an attorney immediately. The advice of a skilled DUI lawyer will help you navigate the complex legal system and will defend your rights throughout your case.
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
