In the State of Florida you are allowed to refuse a breath test during a
DUI
investigation. However, your refusal can be used against you in a court
of law as a potential indicator of consciousness of guilt. What this means
is basically the prosecuting attorney can argue that you refused the breath
test because you were impaired. Even if that's not the case the prosecutor
is allowed to make those arguments due to your refusal. Additionally,
the driver's license sanctions in a refusal case can be harsher than
if you had taken the breath test. Some years ago it was common to hear
that everybody's advice on DUI cases was to refuse the breath test
no matter what. "Why give law enforcement more evidence?" For
some cases it was good advice. Well, things have changed and it's
not quite that easy anymore. If you have refused once before, now, a second
refusal is a separate criminal charge. It's much more difficult to
defend, because the only evidence needed to prove up the charge is that
you refused a breath test a second time. You should consult a lawyer immediately
if you or a loved has been arrested for a DUI. You only have ten days
before your license is suspended. Call Calvo & Calvo Attorneys at
law for your free consultation.
