Refusing Breathalyzer Test Instantly Suspended Client’s Driver’s License

The Charges

The Florida Highway Patrol witnessed a vehicle swerve into oncoming traffic and almost hit a construction barricade. The Officer initiates a traffic stop. The Defendant smelled of alcohol, had bloodshot and watery eyes, showed difficulty standing, had slurred speech, and his shirt was stained with an unknown red liquid. The Defendant agrees to submit to a roadside sobriety test and told the Officer that he had just left a wedding where he had a couple of glasses of wine. The Defendant fails the sobriety test and was arrested and charged with DUI. At the Palm Beach County Jail, the Defendant refused to submit to a Breathalyzer Test or further Officer questioning.

Breathalyzer Testing in Florida

Under the implied consent law of Florida law, all Florida residents have consented to breathalyzer testing at the time that they obtained their driver’s license. A breathalyzer test is a chemical test done in order to determine what your blood alcohol levels are. In Florida, it is typical for an officer to use the Intoxilyzer Series 5000 and 8000.

Refusal to have a breath test done will result in enhanced penalties. The driver will immediately lose their driver’s license for up to 12 months. If it is a second offense, the license will be suspended for longer. Refusal of the breathalyzer test will give the prosecution evidence to show that you were told officers needed a breath sample, you were told that if you refused, the penalties would be enhanced or could be used against you in court, and that you still refused to take the breath test. 

Musca Law Firm

If you have been pulled over for a DUI and refused a breath test, Musca Law Firm here in Florida wants to hear from you. We can fight these charges in a variety of ways. Perhaps the calibration of the breathalyzer was defective or there was improper maintenance of the machine. Maybe the officer was not properly trained to use the machine. If you consume mouthwash, breath mints, or a cough syrup before testing, you could also produce inaccurate results. Belching or vomiting right before the testing could also cause the results to be read wrong. 

Please call us today at (888) 484-5057 to schedule your free no-obligation consultation with one of our experienced attorneys. We have offices located in various cities of Florida for your convenience, such as Orlando, New Port Richey, Boca Raton, Fort Lauderdale, Naples, and many others. We look forward to hearing from you and helping you obtain results that are satisfactory to you.  

RESULT: Upon refusal of the Breathalyzer Test, the Defendant’s driver’s license was instantaneously suspended for 6 months. The Musca Law Defense Attorney motioned for a formal Administrative Review of the Client’s suspended license. The Defense successfully argued to the Florida Department of Motor Vehicles that the Client was not under the influence of alcohol or drugs at the time of the arrest. The Florida Department of Motor Vehicles reinstated the Client’s driver’s license and the 6-month suspension was LIFTED!