What do you do if you’re asked to take a breathalyzer test?

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Inquire as to whether the officer knows if a 2 pencil is required for this test.

Better answer: If you were not drinking alcohol, take the breath test. Why? If you refuse to take the breathalyzer/intoxilyzer test – and assuming the police officer had the requisite “cause” to request that you take the test, then you will suffer a “license revocation” of at least 12 months in most jurisdictions.

Also, a “refusal” to take the test in Florida, is now a separate crime – simply for the act of the “refusal.” Yes, you’re entitled to a hearing on this immediate revocation issue, but to be brutally honest with you, winning those hearings at the “Division of Drivers Licenses,” is a crapshoot, at best! You are NOT before real judges at those administrative hearings, and that’s the rub.

If you have been drinking – more than two beers as an example, then (first of all!) please do NOT drive; but unfortunately, if you use only 1/3 of your brain (!) and fail to follow that sage advice, then don’t take the test. The odds are, you’ll blow over the legal limit! Best bet: Call your parents or your sober friends, as they’ll be more than happy to drive you home – and they’ll agree in advance (most of them!), to NOT judge you. You’ll end up saving thousands of dollars in legal fees, bail money, towing and storage charges, and a host of other fees and costs; and more importantly, you may even save a life – your own, or someone else’s.


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.