Prosecutors Frustrated At Florida DUI Suspects Refusing Breath Tests

Police are always on the look-out for possible DUI arrests. However, police are becoming quite shocked, as more citizens are becoming aware of what a police officer can and cannot do. When one stopped is arrested for a DUI, one should obtain an experienced DUI attorney so to fight the case and ensure one’s rights are protected.

According to WFTV.com, Florida State prosecutors as well as law enforcement have become discouraged, as four out of 10 drivers stopped for DUI in Florida refuse breathalyzers. That is in spite of what is printed on Florida’s drivers licenses, “Operator of a motor vehicle constitutes consent to any sobriety test required by law.”As the average citizen is becoming aware of their rights, law enforcement are finding ways around this setback in DUI arrests and convictions. imagesbtest.jpg

Florida, as well as Montana, Texas, and Illinois have joined together in a movement towards allowing police officers to call Judges and obtain warrants for blood alcohol samples on the highway rather than have them fail the field sobriety test and/or breath test and later take the sample. As Florida moves towards being tougher on DUIs, it is important for one to know one’s rights concerning a police officer getting one of these telephone warrants.

In order for a warrant to be obtained, there must be probable cause. In other words, in a DUI stop in Jacksonville, based on the conduct of the driver and the driver’s prior record, the police officer has a reason to believe that a blood alcohol level should be determined to show that the driver has broken the law and should be subsequently arrested.

Unfortunately, for many defendants in cases like this, police officers will be able to call a Judge, obtain a warrant for a blood sample, and arrest someone with a confirmed blood alcohol level. Many times however, the Judges that these officers call are unfairly antagonistic to those who are accused of a DUI. In many situations where officers call these particular judges, a prior record will rise to the level of probable cause where with other judges, it will not.

One of the biggest tests that police will use are field sobriety tests and breath tests. If the breath test finds that one’s blood-alcohol level is above 0.8, the legal limit in Florida, that person can be charged with a DUI. If someone refuses the test, they will be taken to jail for the night just as if they had had a blood-alcohol level of 0.8 or higher; their license will also be suspended.

Florida has a 10-day rule, which says that if one obtains a lawyer within 10 days, the lawyer can try to re-obtain your license before it is officially suspended. If the lawyer is able to stop your license from being suspended, you may not lose your license at all.

If one’s blood alcohol level is above 0.15, in Florida, that person must have an ignition interlock installation installed in their car.

One’s future may be at risk when one is charged with a DUI. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case. Don’t allow your life to be ruined by a DUI charge. Defend yourself.


The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and is here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.

Additional Resource:DUI suspects refusing breathalyzers frustrating to prosecutors, WFTV.com