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June 22nd, 2008 admin Leave a comment Go to comments

Florida State DUI Question. Can anyone weigh out the pro's and con's of not taking the breath test OR

Taking the breath test? In other words, if I pulled over and I know I'm drunk - what are the benefits of taking or not taking it? Thankyou

You lose your license for a while as you to refuse. On the other hand, to better defend yourself in an administrative hearing on a temporary suspension of your license than to be confronted with a DUI with a failed test. If that should happen, the suspension of your license would be the least of your concerns. The man above who said that the refusal is proof of guilt is wrong. Refusal evidence of refusal. Period. The state will try to convince a jury to "infer" that means that you knew you would fail, but a good lawyer should be able to get past that because almost the only reason that someone can refuse a breath test. The con of taking the test is clear. It can be concluded that the evidence against you and would support a conviction at all itself. There is no pro to take the test if you already know you're drunk. The only time it ever make sense to blow is when you know you're not drunk. If Florida is a state in which an agent can to a nonconsensual blood test, that's great. There is simply no downside to forcing the agent to do so. it may take a moment to visit the hospital and get the administered test. Usually time is your friend when you are drunk. It could easily be that one person is over the legal limit at the time of the stop, but under the limit at the time the police effective management of the blood test. Another possibility is that the agent could screw of the procedure which may lead to a suppression of the test results. I've never once heard of a lawyer who advised their client to the test when they knew they would not take.

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