There are lawyers out there that advise their clients to "never give a breath test". I for one am NOT one of those lawyers, and would not give this advice to any clients. If you live in a state where the law is that of "implied consent" then by signing and accepting your drivers license you have impliedly consented to comply with any sobriety test that may be required in your state. If you refuse a breath test you may be charged with an additional offense for failure to give a breath test. Further, there are often added penalties for refusal, such as in Florida you get a one year suspension for refusing a breath test, but the license suspension for a first offense is normally 6 months, as such by refusing you doubled your suspension. In Florida there is a 30 day waiting period to obtain a hardship or business only drivers license, but if you refuse the breath test the waiting period is 90 days, more punishment for refusing. Finally, if you think refusing will avoid a DUI charge, think again. I am a former prosecutor and the State Attorney has no problem with prosecuting refusal cases, and their chance of proving the case is almost as good with or without a breath sample. The law in Florida does not require that the prosecutor prove you had an illegal breath alcohol level, only that "your normal faculties were impaired" and a breath result is not required.
For more information on your legal matter, contact Scott and Fenderson PLLC, attorneys, at 727-321-0099, or visit our web site http://www.scottandfenderson.com
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