Florida dui blow or dont blow
Further, the state prosecutor is likely to use your refusal to blow against you by arguing you refused because you knew you were guilty of DUI. There are other ways you can be judged to have refused a Breathalyzer test, including the following:. While in most situations you cannot be forced to take a breath, blood or urine test, the state is allowed to administer a blood test if you are unconscious, even if you have not yet been arrested for DUI. Forced blood draws are also permissible when a person was injured or if you are stopped for the third time for DUI.
While a forced blood draw is legal in these two counties, one DUI conviction was overturned, based on such a blood draw. Other Florida courts have ruled taking blood under these circumstances is not a violation of Fifth Amendment rights. It is likely this issue will continue to be battled out by Florida courts. The state does require police officers to obtain a search warrant—barring exigent circumstances—prior to taking a blood sample from an unwilling DUI suspect.
Should you find yourself in the unlikely position of being arrested for DUI without being asked to provide breath or blood sample, you can ask to have a test administered. The science involved in breath analysis includes gas chromatography, infrared spectrophotometry, fuel-cell detection and chemical analysis. The Breathalyzer machine has been in use since The blood alcohol levels in your system are measured through the amount of ethanol in one exhaled breath.
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The theory is that the level of ethanol on your breath is the same as that in your system, however this is a flawed theory in many ways. As strange as it sounds, in the Kentucky Supreme Court was charged with determining whether a burp prior to blowing into a Breathalyzer machine could significantly skewer the results of the test. In this particular case, it was determined a police officer must observe a suspect for twenty minutes prior to administering a Breathalyzer test—and if the suspect burps during that time, another twenty minutes.
Because the Breathalyzer operates under the assumption it is only measuring breath alcohol rather than mouth alcohol—created when a subject burps—the resulting BAC reading can be overly high.
Other issues associated with the Breathalyzer test include:. In addition to the issues associated with all Breathalyzer and Intoxilyzer machines—even those which operate as they are intended to operate—the state of Florida uses older Intoxilyzer testing machines, many of which are ten years old or older.
Since the factory warranty on these machines is only 90 days, this raises the question of just how accurate these machines really are. Obviously there are many factors which can significantly alter the results of a Breathalyzer test, yet these machines continue to be accepted as proof of intoxication. A number of uncontested studies have shown a margin of error as high as 50 percent, when Breathalyzer results are compared with actual blood alcohol content.
This means a person accused of driving under the influence who blew at.
Been Arrested for DUI? To Blow or Not to Blow... THAT IS THE QUESTION
Many people fail to fight their DUI charges for a variety of reasons. If you were drinking, you may decide it is less embarrassing, not to mention easier, to just accept your punishment and have it over and done with.
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- If I Am Stopped by the Police for DUI, Should I “Blow” or Not “Blow”? Take the Breath Test or Not?.
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Even if you feel you were wrongly charged, you may feel there is no reason to fight, because the state always wins anyhow. It is definitely to your advantage to re-think the issue. A DUI conviction could result in fines, fees, a potential jail sentence, a sentence of community service, a license suspension, the necessity to take educational courses or you could be forced to enroll in a substance abuse prevention program. You could be required to have an ignition interlock device installed on your vehicle, adding even more expense to your DUI conviction. Following the criminal penalties, you could find your auto insurance rates go up to the point they become unaffordable and the DUI conviction comes up each time you apply for a new job.
Should You Blow When Pulled Over for Suspected DUI? - Valiente Law Miami, Florida
You will also have to deal with the social stigma which accompanies a DUI conviction. The laws relating to the Breathalyzer change on a constant basis. All things being equal, there are probably no benefits to refusing to blow when stopped on suspicion of DUI. Whether you choose to blow or refuse the test, the very most important thing you can do following a DUI arrest in the state of Florida is to call a highly experienced Florida DUI attorney. Free initial consultation.
Unfortunately, the way that the current laws are set up there's no real right answer. Because if you blow into the machine and you blow over a. However, the way the statutes are structured the administrative consequence to your license can be worse.
Under Florida’s Implied Consent Law Refusal Equals Suspension
This means that they can suspend your license for a longer period of time if you refuse to blow. Also, if you've refused before, meaning if you've been pulled over for DUI before and you refused in that scenario, and then you refused again that's actually a separate criminal charge that they can hit you with.
So those are some consequences to refusing.