Michael A. Gottlieb, P.A. - Fort Lauderdale Criminal Defense Lawyer

Do you have to take the Breathalyzer test?

This is a question many people ask, although some ask it too late after they have been pulled over by the police. Don't put yourself in that situation. Learn more about breath tests so you can make an informed decision.

There is more than one type of breath test

If the police stop you on suspicion of drunk driving, you will likely be asked to take a breath test. It's important to know that the results of this roadside portable breath test are not admissible in court. If you refuse the test, however, the officer will probably arrest you and take you to the station.

At the police station, they will ask you to take a breath test. The results of this breath test are admissible in court, unless there are issues with how the test was administered. For example, if the machine was not properly calibrated or if the test was given by someone who was not properly trained on it, an attorney may be able to get the court to suppress the results.

There are penalties for refusing to blow

Drivers in Florida are considered to have given implied consent to take chemical tests if they are suspected of drunk driving. If you refuse a breath test, you face a driver's license suspension for up to a year. This is for a first offense; the penalties for subsequent offenses are harsher.

Choosing whether to take breath tests is something only you can decide. By not giving police proof of your blood alcohol content, you limit their ability to convict you of DUI. However, you will lose your license.

In any DUI case, it can help to speak with a lawyer, even if you are already facing charges. Don't try to fight this alone.

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Michael A. Gottlieb, P.A.
1311 SE Second Avenue
Fort Lauderdale, FL 33316

Phone: 954-641-8129
Fax: 954-666-0678
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