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Wednesday, October 19, 2016

Refusal of a Breath Test | What do police officers do when they are arrested for DUI?

Refusal of a Breath Test

Refusal of a Breath Test


Below is video from inside a jail where a cop is administering Florida's Implied Consent warning given prior to requesting a suspect to take a breath test on an Intoxilyzer breath machine.

Breath Test Refusal Update


What do police officers do when they are arrested for DUI and asked to take a breath test or perform Field Sobriety Exercises?

We have again found out what cops do when THEY are arrested for DUI. Here is an update from a 2016 article: " In the 2016 arrest report, a Pinellas sheriff's deputy wrote that Green's eyes appeared "glossy" and his balance unsteady. He refused to submit to a field sobriety test or a Breathalyzer test to measure his blood alcohol-level."

In the past ten years, this is one topic of interest to many of our viewers.  The breath test is voluntary, if the arresting officer properly informs suspects of their options. One court ruled that where the cop misinformed a DUI suspect that he would be eligible for hardship license if he submitted to breath test. Cop also told him he would not be eligible if he refused the test.

Due to misinformation, it could not be proven that suspect's decision to submit to test was not influenced by misinformation; state has failed to prove that submission to test was voluntary. Motion to Suppress test results granted. Source: FLW Supp 1703Perd



Refusal of a Breath Test 


When police fail to properly inform suspects of their options under the implied consent law, a defense may be available for DUI  Florida. Under Florida DUI law refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. Let's go behind the scenes and into an interrogation room at a local jail where a DUI cop is informing the suspect of his options.




DUI Video  Courtesy of http://www.DUIFla.com.

Florida Law Requires: "The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties.

The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding." 316.1932 (1)(a)1.a. (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.)