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Do I Have to Submit to a Breath Test?
If you’re stopped for DUI the police officer will likely access your condition and try to determine if you have been drinking. One of the first things that will happen is the officer will ask you to perform some field sobriety tests. Depending on the results, the officer may then request that you submit to a breath test.
In Florida, the law states that by obtaining your driver’s license you are agreeing to submission to DUI testing if requested by a member of law enforcement. This is called “implied consent”. The testing requested may be breath (breathalyzer), urine, or blood.
Refusing to Take a DUI Test
While you do have the ability to refuse to take a DUI test it may not be your best option. You may feel that by refusing to take the test the police won’t know for sure whether you were driving drunk and therefore they won’t be able to prosecute you. That is not necessarily the case. The police already may have some evidence that you were driving while intoxicated.
The fact that you refused to take the test will be used against you in court and it will be assumed that you refused because you were DUI. Also, refusal to submit to a DUI test will result in separate charges against you that are punishable with an automatic suspension of your driver’s license. It is in your best interest to speak with your lawyer before you make any statements or submit to any testing.
Fighting DUI Charges
It is possible to fight DUI charges, especially with the help of an experienced DUI attorney. Sometimes a DUI test was not administered or analyzed properly or the equipment could be faulty. An attorney who focuses on DUI defense will be able to review all aspects of the case and determine whether there were problems with the testing.
Your lawyer will also look at the traffic stop and arrest to ensure that it was carried out legally. If there were any problems with your arrest or with the testing itself your lawyer will likely be able to get your charges either lowered or dropped completely. It is best to get your lawyer involved as quickly as possible in order to get the best potential results.
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