If an officer recently asked you or someone you know to perform a breath test at a Florida driving under the influence (DUI) traffic stop, you may wonder what your rights are regarding chemical testing.
Here is what Florida law says about submitting to breath testing as part of a suspected DUI.
What happens during a DUI stop in Fort Myers, Florida?
DUI stops in Fort Myers occur during a traffic violation or a checkpoint encounter. The police usually pull you over, look for signs of impairment and ask questions about your activities during the day. They can also ask for your license and registration. If they suspect intoxication due to the odor of alcohol or delayed reactions, they will request standardized field sobriety tests and roadside breath tests.
Is a roadside breath test mandatory in Florida?
You might be wondering whether pre-arrest roadside breath tests (PBTs) are different from the evidentiary breath test at the station. If a Fort Myers officer asks you to blow into a portable device before an arrest, it is completely voluntary. You can legally refuse a PBT without facing penalties.
However, if an officer arrests you for DUI with probable cause, the breath test is mandatory. Under Florida’s implied consent law, you automatically consent to this test by operating a vehicle in the state. Refusing can trigger penalties affecting your criminal record and driver’s license.
What are the consequences of refusing a breath test?
When you refuse to take a breath test, you may automatically receive a 1-year license suspension. If you reject a breath test on a second occasion, you can receive up to an 18-month license suspension, plus misdemeanor charges that could result in a year in jail or on probation and a $1,000 fine, regardless of whether or not the DUI charges hold. Prosecutors can also use your refusal against you in court while attempting to prove guilt.
While you do not have to submit to a breath test at a traffic stop, refusing to do so may generate its own set of consequences. Understanding your rights under Florida law is crucial to making informed decisions and mounting a proper defense moving forward.
How to challenge a breath test refusal suspension in Florida
You have the right to challenge your license suspension with the Department of Highway Safety and Motor Vehicles (DHSMV). You must request a DHMSV hearing for a Lee County DUI charge to challenge the decision within 10 days from the date of your arrest. This determines whether your suspension should remain or be removed.
If the courts decide to sustain the suspension, you might be wondering how to get a hardship license after a DUI refusal in Florida. This involves enrolling in a DUI school and attending a hardship license hearing where you prove why the suspension creates financial or personal difficulties.
Learn more about your rights with legal guidance
Securing a Florida DUI refusal hearing in Fort Myers is a complex administrative process completely separate from your criminal court case. You may seek advice from an experienced DUI attorney and gain insights on how you can protect your driving privileges.