Helping Good People At Their Worst Times

Is it against the law to refuse to blow into a breathalyzer?

On Behalf of | Apr 15, 2014 | Criminal Law

If you look on your driver’s license, you will see in fine print that the state of Florida deems the right to drive as a privilege.  If an officer has a reasonable belief that a driver is impaired by drugs or alcohol, the person is brought to the county’s jail. There, the individual is asked to breathe into a breathalyzer.  The first time someone refuses to blow into the machine, no charges are filed for your failure to do so. However, it is only one time! If you are arrested again for suspicion of  DUI, and refuse to blow a second time, you will be charged with a Refusal. It is a first degree misdemeanor punishable by up to one year in the county jail.