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What happens if I refuse a breath test in Florida?

Video Transcription

Florida is what’s called an implied consent State. Almost every State is. That simply means that when you get a license, it is a privilege, not a right to have a driver’s license and you consent to having your breath tested if the police officer has probable cause to believe that you’re driving under the influence. If you decline to take the test, which I strongly advise you to do, if you’ve ingested any alcohol. Although keep in mind, that having a drink and driving is not a crime, but it’s having a blood alcohol level of over .8. If you’ve had more than 1 drink of any alcoholic beverage, I strongly advise you not to take the breathalyzer test.

Yes, you’re going to have to have a separate administrative hearing to determine whether there was probably cause and that will determine whether you lose your license or not. Even if you lose your license, you can still get a work permit and if you’re represented by a law firm, by a lawyer, of experienced DUI lawyers, who understand how it works, you’ll be much better off not taking the breathalyzer if you’ve had anything to drink.


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