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Should I Take a Breath Test if Arrested for DUI?

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Tampa DUI Lawyer Answers the Question:

Should I Take a Breath Test if I am Arrested for DUI in Tampa Bay?

If you are arrested for a DUI and you are given the choice to take a breath test or not take a breath test, one of the main questions is, “What do I do?”. Most states require to provide a

  • Breath Test
  •  Blood Test
  •  Urine Test

When given the option, always take a blood test. It is the most accurate. The second test, if you are given a choice, is a urine test. The last test is a breath test. If you’re asked to give a test, one of the things you should consider is how it will affect your license. Most states have what’s called administrative hearings and administrative suspensions. That means if you do not take a test and you refuse, your license will be suspended for a period of time. Usually, one year for your first refusal. 

I advise folks if you were drinking a low number drinks, if you are in good control of your faculties, to take the test, because usually, the suspension time will be much less than those who refuse. If you take the test and it is at or below the legal limit, there is a greater likelihood that your case will either be dismissed or reduced to a lesser charge. A refusal has ramifications, not only not driving, but it can also affect on a second subsequent DUI, a longer period of suspension. 

If, however, you are in the position where you’ve consumed a large number of alcoholic beverages and you’re going to be way above the legal limit, if you want to assist yourself in your criminal case, refusing is the best way to go. However, if you need to be mindful, if you refuse to take a breath test, that the administrative suspension will be longer than the criminal suspension would be. 

Once you’ve been arrested for DUI, you’re down at the station; a lot of people presume that they can ask and talk to a lawyer prior to making that decision. Most states in the U.S. do not allow contact between you and a lawyer before you make the decision to take a breath test. You need to make that decision before you get behind the wheel of a car and have an idea of what you’re going to do.

What if I refuse to take the breath test in Florida?

If you refuse to take a breath test, or you blow and you are above the legal limit, the next thing that usually happens is that your license is taken from you. When your license is taken from you, you are eligible, in most states, for what’s called, a temporary driving permit. That means, prior to appearing in court, you can go down and get a temporary driving permit that allows you to drive. Most states require a ten day time period in order to make that request, so it’s very important, if you’ve been arrested for a DUI, to go down and make that request within 10 days. That’ll keep you driving or so you can challenge the legitimacy of the stop, anything that was done wrong in the DUI arrest, so your Tampa DUI lawyer, or yourself, can bring that to like and bring your license back. Those are some of the things to think about before you get behind the wheel, if you’ve been drinking.

If you have been arrested for driving under the influence, contact our skilled Tampa Bay DUI attorneys today at 877-728-9653 or online for help

The Tampa DUI lawyers at Carlson, Meissner, Hart & Hayslett, P.A., have a well-known reputation for fighting for our clients rights in criminal and DUI defense cases in ClearwaterTampaBradentonSpring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida. 

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J. Kevin Hayslett

Kevin Hayslett - Featured attorney on the Bubba the Love Sponge Show 

J. Kevin HayslettThe Attorney to the Stars, is a highly-recognized attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater and Hillsborough offices.