Misinformation about the breathalyzer test falls into two categories: myths about the laws regarding the test, and the various arguments you can make to overcome it.
Florida Breathalyzer Laws
Florida has an implied consent law. Driving is not a right—it is a privilege. And it is one that you can lose. By driving in the state of Florida, you are automatically giving consent to these types of tests:
- Breathalyzer test
- Field sobriety tests
- Urine test
- Blood test
Because of the implied consent law, you are agreeing to take these tests simply by driving. Note, that the urine test is used where an officer suspects a driver is under the influence of a drug and has made an arrest. A blood test is used in circumstances where a breath or urine test is impractical or impossible, like when a driver is unconscious or hospitalized. Should you refuse the required test, Florida will suspend your license. Should this happen more than once, you can have your license suspended for longer periods – and will most definitely be facing jail time.
The Lesser Of Two Evils
Despite not being attorneys, people will still offer you legal advice. They might tell you whether you should or should not take a breathalyzer.
The arguments made by those in favor of refusal to take a breathalyzer and perform the field sobriety tests are that there would be less evidence against you, should your results show an illegal level of intoxication. However, the argument against this is that prosecutors often argue a refusal demonstrates a person’s guilt.
Other consequences for refusal
If you refuse to submit to the aforementioned tests, you will be facing a license suspension, In addition to and apart from your criminal charges. You will be fighting with the Department of Motor Vehicles in a separate proceeding. If you are charged with DUI and have refused to submit to the tests, it is especially important you consult with an attorney right away because you only have ten (10) days from the date of your DUI arrest during which you are able to contest the suspension due to refusal.
Thinking You Can Beat It
Most of these myths about how to beat a breathalyzer test come from a misunderstanding of how the machine works. It is a common misconception that mints or mouthwash can throw off a breathalyzer. While it may mask the alcohol on your breath, mints could contain sugar alcohol and mouthwash contains alcohol. There are many myths about beating a breathalyzer, While some are just myths, it is important to keep in mind that there are valid arguments against why a breathalyzer result could be inaccurate. The facts and circumstances surrounding your situation will be very important when determining what is in your best interest for resolving your situation.
Instead of listening to myths and risk losing your license, talk to an experienced attorney. Good people have bad days, and being arrested for the first time can be a frightening event. At Puglisi Law, we will talk you through the process and ensure you understand the path forward. We will be with you and fighting for what is in your best interest. Contact us to set up a free consultation. We can also be reached at (305) 403-8063.