Many people who call in to the Law offices on the phone and clients of Mr. Behr’s ask the legality regarding breathalyzer and other such tests when in a traffic stop. The short answer is YES. You have to submit to the officer. Basically, not doing so will not deter your arrest; it will probably only aggravate it because then they will take you down to the station for a urine or painful blood test. Do not do this to yourself. You shouldn’t drink and drive in the first place, but if you do get pulled over, submit to the breath test or else lose your license automatically AND then get arrested and charged with DUI still.
Laws of Implied Consent are present in Florida, which means if you are driving on Florida roads, in or out-of-state license or no license at all, you have to give police all requested evidence of sobriety. Yes, you can refuse to blow, but automatically lose your license and a whole bunch of other hassle in retaining it back. Even if you do not prove intoxication on the breath test, prosecutors will attack other aspects of the case and break your credibility.
First Time Offenders for DUI/DWI:
* Must pay a minimum fine of $250
* Can serve up to six months in prison
* Suspension of driver’s license for a minimum of six months
* At least 50 hours of community service
* Ten day impoundment of vehicle
* Up to one year probation
* A permanent misdemeanor conviction
* Increase of auto insurance by up to three times
A good lawyer can analyze your case, see to it that proper procedure was indeed conducted, and if not, can attack that and get your case thrown out. Just because someone has a J.D. doesnt mean they are the lawyer you want to hire. You want someone that’s handled many of these types of cases, knows the court system in which you are arrested, and can thus maneauver through proceedings accordingly.
South Florida criminal defense attorney Ralph Behr has all these and more. He will sit with you and personally evaluate how to best work on your individual case.
There is nothing more comforting than knowing you have someone determined to get you a good result in court and not just treat you like number. Attorney Ralph Behr’s Law Offices are ready to assist you, but you have to take the first step. Call today!