South Florida Criminal Defense Lawyer Blog
Florida DUI penalties were enhanced starting in 2008.
The principal change has been an increase in the fine: from $250 for a first DUI to $500.
If you are arrested and refuse to provide a breath exemplar your first refusal counts towards the newly enacted misdemeanor charge of breath-refusal.
Now it is a misdemeanor to refuse to provide a breath exemplar if you are stopped, and detained, and the officer undertakes a DUI investigation. The misdemeanor charge only arises on your second DUI arrest.
In South Florida, Miami and Fort Lauderdale, many criminal defense attorneys are asked by their clients if they should “blow”, which means provide an air exemplar.
For a complete explanation go to the book Can The Police Lie To Me? Or ask a Fort Lauderdale criminal defense attorney.