Should I Submit To A Breath Test Requested By The Officer?

The answer to that question is—it depends. In Florida, driving is considered a privilege, not a right. Thus, if you get your driver license and drive in Florida, you are essentially agreeing that you will submit to a breath test if you are ever asked to do so. However, if you do refuse, the officer must inform you of the consequences of refusing the breath test. This means they must tell you that refusing could result in a one-year license suspension. They must also tell you that if you have a prior refusal, the subsequent refusal can impose misdemeanor charges, as well as a second license suspension (18-month suspension for a second and third offense). To answer this question, it ultimately comes down to how much you had to drink. Look at it this way—if you refuse to blow your license is going to get suspended; if you’ve been drinking a lot and you do blow, your license is going to get suspended anyway, and additionally, you’re giving the State even more evidence to use against you. It’s noteworthy to highlight that if you below over a 0.15 your DUI can be enhanced. Therefore, if you’ve been drinking a lot we wouldn’t recommend blowing.

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