In Florida, if you are stopped for suspected drunk driving, the police officer may seek to administer a field sobriety test followed by a chemical test (like a breath, blood, or urine test). Under Florida’s “implied consent” law, by driving on public roads, you are deemed to have given permission to submit to a chemical test. There is no implied consent regarding field sobriety tests. 

Field sobriety tests assess physical coordination by having a suspect walk in a straight line, stand on one leg or focus their eyes on moving objects. Police use these tests to develop probable cause for arrest. Refusing a field sobriety test will not result in penalties and it can prevent the police from gaining evidence against you. However, you may still be arrested if the officer has other cause to believe you were driving under the influence (DUI).

Refusal to submit to a chemical test, on the other hand, has serious implications. For a first refusal, your driver’s license will be suspended for one year. A second refusal results in an 18-month license suspension and potentially a first-degree misdemeanor charge, carrying fines and possible jail time. Beyond license suspension and criminal charges, refusal to take a chemical test can be used as evidence against you in court. 

In some cases, a driver might refuse a chemical test if they believe they would test with a high blood alcohol content (BAC), which could lead to harsher sentencing or mandatory minimum jail time. However, the prosecution can argue that the refusal itself demonstrates an awareness of guilt. A Florida court can impose penalties similar to those for drivers with very high BAC levels if it believes a refusal was an attempt to conceal such evidence.

Consulting a DUI defense attorney immediately after a DUI arrest is the best course of action. An attorney can challenging breathalyzer test accuracy, such as by checking:

• Machine calibration and maintenance — An attorney can request records to see if the breathalyzer machine was up-to-date and functioning correctly at the time of the test.

• Officer certification or procedure — The test results can be invalidated if the officer administering breath tests is not certified or does not follow specific procedures. 

• Interfering factors — Breathalyzer results can give high readings if affected by such factors as mouth alcohol (e.g., from mouthwash), medications or certain foods.

If you have been charged with a DUI offense in Central Florida, the Law Offices of Tad A. Yates, P.A. can help you seek the more favorable disposition possible. Call us at 407-608-7777 or contact us online to schedule a free consultation.