Send to a Friend

FlutherAlot's avatar

Should I refuse the Breathalyzer?

Asked by FlutherAlot (145points) March 13th, 2010

Just incase I ever get pulled over for DUI, I would like to know what to do.

My state is Florida. This is an implied consent state. If I refuse the test I get a mandatory minimum 1 year suspension (challangable and I can get a work permit of course). The state can also use my refusal as “evidence” of guilt. If I blow .08+ I get a minimum 6 month suspension (challangable), but I give the state more hard evidence to use against me.

My question is what to do in the event of being suspected of DUI (which hypothetically I will be over .08)?

1) Flat out refuse the FST + Breathalyzer
2) Take the Breathalyzer but refuse FST
3) Do both
4) State that I will comply with the investigation but I must speak with an attorney first.

Will choosing option 4 work? After all I did not refuse the test, and the cops can not deny me my attorney. Assuming it is 2 AM I may get arrested, but by the time I get to speak to an attorney I will have sobered up.

Also what is the chances of beating the DUI if I refuse? Is it better or worse off?

I would like cops+lawyers opinions (john65pennington). Also anyone in Florida who has been convicted of DUI

Using Fluther

or

Using Email

Separate multiple emails with commas.
We’ll only use these emails for this message.