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DUI Breath Test May Have You Weighing Your Options

What Happens When a Person Refuses To Submit To a Breath Test In Florida?

Any person who accepts driving privileges in the state of Florida is deemed to have consented to a breath test when an officer has probable cause for DUI. The consequence for refusing to submit to a breath test is the suspension of your license for one (1) year.

However, refusing to take the breath test a second time can result in a license suspension of eighteen (18) months and the criminal charge of Refusal to Submit to Chemical or Physical Test. Commonly known among law enforcement as "Second Refusal," a conviction for this charge has serious penalties, including the possibility of a jail sentence of one year.

On the other hand, submitting to a breath test can often be just as harmful as refusing. The breath test typically consists of blowing air into an Intoxilyzer (formerly called a Breathalyzer) that measures your breath alcohol level.

If your alcohol level is .08 or above, your license will likely be suspended regardless of the fact that you cooperated with law enforcement by giving a sample of your breath.

Getting an Attorney to Advocate for You

Due to the seriousness and complexity of a Second Refusal charge, it is critical to receive the advice of a lawyer experienced in DUI law.

At Casanova Law, leading Attorney Lourdes Casanova has extensive experience handling drunk driving cases and related charges in courts throughout Florida, including Lake Worth, West Palm Beach, Stuart, and all of South Florida.

She can provide guidance and a course of action to mitigate the consequences you could face.

Schedule an Appointment Today

Call 561-209-1440 today to set up a meeting to talk about your situation. You can also fill out our online form.

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