A musician was arrested after blowing a .194% and a .205% on a breathalyzer test. The musician was charged with DUI.
In the state of Florida, there is an implied consent law. This means that when you obtain your driver’s license, there is consent that in the event that you are pulled over, a police officer can legally ask you to take the breathalyzer test. You may politely refuse the test, however, there are consequences that go along with this.
If you refuse to take the breath test, you will have your driver’s license suspended for 12 months. If it is your second offense, you can have your license suspended for 18 months.
If you are convicted of a DUI charge, you will face jail time, probation, and a fine. If you blow over .15% or you have a minor in the car with you when you are drunk, you will face enhanced penalties.
There are various breathalyzer defenses that your attorney can use against the prosecution, including the following:
- The breathalyzer was not properly maintained
- The breathalyzer was not properly calibrated
- The individual that gave the breath test was not properly trained
- Prior to taking the breath test, you consumed breath mints, mouthwash, or cough syrup
- Right before the test, you vomited or belched
As stated above, it is up to you whether or not you take a breath test. You can refuse if you wish. Many believe that if they refuse, the prosecution will not have the evidence to be used against them. However, not only will your license be suspended right there, you will leave yourself ineligible for participation in a diversion program. A diversion program could give you much less strict penalties than the usual DUI charges. Even if you do refuse the breathalyzer test, you could still be charged and convicted of a DUI charge.
If you take a breath test, then at the hearing, if it is found that the law enforcement officer did not have probable cause, then your refusal to blow will not be held against you.
Musca Law Firm
If you have been pulled over and arrested for a charge of driving under the influence (DUI), Musca Law wants to hear from you. Our firm has a philosophy that enables us to give personalized treatment to individuals that hire us. We will go the extra mile to develop a strong and strategic legal defense for you that will show the weaknesses of the prosecution’s side.
All of our attorneys work side by side, so you can be sure that you are getting the most knowledgeable representation. We have night and weekend hours and will answer your phone calls 24 hours a day. Please call us at (888) 484-5057 to set up your free no-obligation initial case consultation with one of our experienced attorneys. We look forward to speaking with you!
RESULT: Upon hiring an attorney from Musca Law, we were able to negotiate with the prosecution. Our client walked away with his license reinstated!