When you have been arrested for DUI in Jacksonville, you have the right to refuse to blow into the breathalyzer machine. When you refuse to blow, that refusal can be used against you in court, but there are many legitimate reasons why someone would refuse the test. A good Jacksonville DUI Lawyer can point those out to the court.
If you do agree to blow into the breathalyzer, that consent has to be voluntary. The police officer cannot threaten you to make you blow. If the consent was not voluntary, the 14th Amendment of the U.S. Constitution prohibits the state attorney from using the police coerced act against you.
Things to be considered are:
1. Was there violence threatened.
2. Did the police officer imply or directly make a promise to make you blow.
If you have any questions about a DUI arrest in Jacksonville, call our Jacksonville DUI Law Firm at (904) 634-0900. Our Jacksonville Criminal Defense Attorneys are available 24 hours a day, 7 days a week.