DUI Breath Test

Being stopped and investigated for DUI can be a confusing and frightening experience. Sadly, most Florida residents are not aware of their rights when it comes to DUI investigations, or what the laws do and do not say about DUI stops. This is unfortunate because understanding what you are and are not required to do and the consequences are usually important to the outcome of your DUI case in Hernando County. When you are stopped for DUI, it is important to remember that you do not have to submit to testing, except for in very specific circumstances.

Though refusing your DUI breath test in Brooksville or the surrounding areas can come with consequences, these consequences can be fought. It is best when stopped for DUI to give the prosecution as little evidence as possible. No matter if you did or did not submit to a DUI breath test when you were stopped or arrested for drunk driving in the Hernando County area, an experienced Spring Hill DUI defense lawyer can fight to have your charges and any implied consent penalties reduced or dismissed.

Brooksville, Florida DUI Breath Test Attorney

When you are stopped for DUI in Florida, it is best to refuse to submit to any testing, including a DUI breath test. Then, whether or not you have submitted to a DUI breath test in Hernando County, Sumter County, or Citrus County, begin your defense immediately by contacting The Law Office of Ashley Aulls, P.A.. Experienced drunk driving defense lawyer Ashley Aulls will fight to have your DUI breath test results in the Spring Hill area dismissed while educating you about your offense and keeping open lines of communication.

With a family history of successful legal professionals, Ashley Aulls knows what it takes to win a DUI case in the Hernando County area. To find out more about what The Law Office of Ashley Aulls, P.A. can do for you, call (352) 593-4115 today and schedule your initial case consultation.

Florida DUI Breath Test Information Center

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Refusing a Breathalyzer Test in Florida

In Florida, an individual has the right to refuse a breath test when pulled over. Some people believe that refusing to take a breathalyzer test will strengthen their case. The belief is that you’re not giving the prosecutor evidence that could be used to convict you.

Though you have the right to take the test or not, refusal may result in consequences. Choosing to refuse a breathalyzer test can result in the suspension of your license. Refusing a breath test on your first DUI could lead to a suspended license for a year. Refusing to take a breath test for a second or third charge could lead to a suspended license for 18 months and jail time.

Implied Consent and the DUI Breath Test in Florida

While it is true that Florida is an implied consent state, meaning you have given your consent to any blood or breath alcohol content (BAC) tests just by driving on Florida roads, that does not mean that you must submit to a DUI breath test. In fact, if an officer forces you to submit to a DUI breath test in Hernando County without exigent circumstances like an accident with severe injury present, he or she is violating your Fourth Amendment rights.

However, the flip side of implied consent law is that upon refusal to submit to a BAC test, including a DUI breath test, you could face automatic consequences. Under Fla. Stat. § 316.1932, the first refusal of a DUI breath test or other BAC test automatically comes with a year-long administrative driver’s license suspension. Subsequent refusals could result in an 18-month administrative position and a misdemeanor charge.

These consequences can be challenged, though, in an administrative license suspension hearing. So if you have been drinking, it is generally best to refuse the test and deprive the prosecution of their key evidence. Then, your experienced DUI defense attorney in Hernando County can fight to have the suspension revoked in your administrative hearing, as well as fight the DUI case itself.

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Defenses to Hernando County DUI Breath Tests

As previously stated, not all Florida drivers are aware of their rights when they are arrested for drunk driving. However, a DUI breath test positive for a BAC over the legal limit in Florida does not mean that you are doomed to conviction. There are very important procedures that must be followed with regard to the DUI breath test in Hernando County and elsewhere in Florida in order to protect your rights. When these aren’t followed, the evidence may be eligible for dismissal – which could reduce your case.

Additionally, the Intoxilyzer 8000 – the DUI breath test machine Florida uses – is known to have errors and discrepancies in specific cases. Just because there is evidence doesn’t mean that it will stand up to the standard of proof beyond a reasonable doubt. The following are some issues your DUI breath test evidence may have:

  • Regular DUI breath test machine testing and maintenance not performed
  • Machine calibrated incorrectly
  • Medical conditions like GERD influencing results
  • Other physical issues influencing results
  • Failure of law enforcement to follow standard DUI breath test procedure

The ability of your DUI defense attorney in Brooksville to show the inaccuracies of your DUI breath test results in the Hernando County area could be key in achieving a favorable outcome in your drunk driving test. When there is no DUI breath test or other BAC evidence to be considered, favorable outcomes like DUI reduction to reckless driving or a not guilty verdict can become possible.

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Resources for DUI Breath Test in Florida

Florida DUI Laws and Penalties  – The First Time Driver website goes in-depth about various laws and penalties for drivers in Florida. Learn about the different DUI penalties for possessing alcohol or refusing a breath test.

Florida Statutes for Traffic Control – The Florida Statutes site shows the traffic control laws and the various penalties if charged. Follow this link to learn about the legal terms in regards to traffic control laws.

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The Law Office of Ashley Aulls, P.A. | DUI Breath Test Lawyer in Hernando County

If you have been arrested and charged with DUI anywhere in the Hernando County area, including Brooksville, Spring Hill, North Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, and Bushnell, it is best to refuse to submit to a DUI breath test or other BAC test of any kind. However, whether or not you did submit, The Law Office of Ashley Aulls, P.A. can help your case.

Ashley Aulls is a skilled defense attorney that has practiced law since 1996. He knows what it takes to fight the administrative penalties for refusal and to discount the accuracy of a DUI breath test. Call (352) 593-4115 today to set up your first consultation.