Breathalyzer – Implied Consent


If you have been charged with driving under the influence of alcohol in the state of Florida, it is in your best interest to speak a criminal defense lawyer immediately. Thomas L. Colter and the DUI defense lawyers of the Colter Law Group represent Florida drivers who have been arrested for drunk driving. Contact our Stuart law office to discuss your DUI case.

The Breathalyzer and Florida's Implied Consent Law

Even though it is part of the commitment a driver makes in order to receive their driver's licenses, most Florida drivers do not realize that they have agreed to take a breath or urine test if a police officer asks them to. If you are arrested for DUI in Martin County or anywhere else in Florida, one of the first actions that the arresting officer will take is to remind you of that agreement by reading the implied consent warning to you. This is only read after the decision to arrest has been made. Your decision on whether to take the breath test or to decline the breath test will affect your driver's license and your criminal case.

Refusing to Submit to a Breath or Urine Test

If you refuse to submit to a breath or urine test, your license will be suspended for one year for a first refusal and eighteen months for a second refusal. You may still qualify for a hardship license so you need to speak with an experienced criminal defense lawyer immediately.

Submitting to a Breath or Urine Test

If you agree to a breath test, you will most likely be transported to a breathalyzer machine. You will be observed for a period of twenty minutes, after which time, you will be asked to give two breath samples. If the results are higher than .08 BAC, your license will be suspended for a period of six months. If the results are lower, the testing officer can still request a urine sample to be submitted to the laboratory. Urine testing is usually reserved for when drug use is suspected or when the testing officer cannot get a reading from the breathalyzer machine. Generally, you will not be released from custody even if your breathalyzer results are below .08 since your arrest was based upon other probable cause.

Professional Legal Defense Team of South Florida

It's important to remember that the results of any tests will be used by the prosecution in its efforts to convict you. For any questions regarding Florida's implied consent law or an open DUI case against you, call the Colter Law Group of Stuart, FL.