To Blow or Not to Blow – Should You Take the DUI Breath Test in Florida

One of the most common questions we get at our firm is “Should I take the breath test if I am ever pulled over on suspicion of drunk driving?” However, the question is not so easily answered. Watch DUI Defense Attorney Darren Finebloom discuss this topic in the video below:

Video Transcript:

My name is Darren Finebloom and I’m one of the partners at Finebloom,
Haenel, & Higgins. Over the last 13 years I’ve practiced specifically DUI
defense.

One of the most common questions I get from clients, friends, acquaintances
is, “Should I take the breath test?” Unfortunately, that question is not so
easily answered. It really depends on what you’ve had to drink.

I would keep in mind that there is no requirement in court that you provide
a breath sample. The only requirement is on your license. If you refuse to
take a breath test, they will automatically suspend your license for one
year. That has to be pursuant to a lawful arrest.

I would also keep in mind there’s no jury instruction that says you’re
guilty of a DUI if you refuse a breath test.

It’s really important to keep in mind that the less evidence that the State
Attorney’s Office has to prosecute you, the better chance we have of
preventing a DUI conviction.

So, in order to answer that question, it really depends on each specific
circumstance. But I would take into account that the less evidence a State
Attorney’s Office has, the less chance they have of proving you guilty of
DUI.

If you do refuse a breath test, or blow over the legal limit, you have to
make sure you challenge your license suspension within those first ten
days.

We’re very well aware of how to do that, we do many of them each week, in
over eight counties throughout the state of Florida.

Please give us a call if you’ve been arrested for DUI and you blew or you
refused.