Refusal to take Breathalyzer, Blood or Urine Test in Jacksonville


Practice Areas > Criminal Defense > DUI > Refusing BAC Tests

Did you know that even if you agree to take a blood alcohol content test in the form of a breathalyzer, blood or urine sample, depending on the way you took the test, Florida law enforcement officials can claim you refused to take it? Here are the different ways in which the State of Florida can interpret your behavior as refusing to take a blood alcohol content test.

1. Specifically refusing to take the test.

If law enforcement officials ask you to take the test and you say, ‘No,’ this is the most standard method in which refusal to take a blood alcohol content test is communicated.

2. Being argumentative, combative or extremely difficult.

If you become argumentative, combative or extremely difficult with law enforcement officers, it can be interpreted that your behavior did not allow them to have you under control to a level where you could take a blood alcohol content test, and therefore, it can be considered a refusal to take one.

3. Refusal to answer their question about whether or not you are willing to take a blood alcohol content test.

If you do not provide law enforcement officials with a “Yes” or “No” answer to their question regarding whether or not you will be willing to take a blood alcohol content test, this is considered a refusal to take it.

4. Not blowing sufficient air.

If the breathalyzer test indicates you did not provide 1.1 liters of air, this can be considered by Florida Law enforcement officials as a refusal to take the required blood alcohol content tests.

5. Not taking the test twice.

When you are asked to take a breathalyzer test, you take the first test and then wait 15 minutes and then you take another breathalyzer test. If you refuse to take the second test, this can be considered a refusal to take the test.

There are significant issues which have been argued in the State of Florida courts regarding the accuracy of breathalyzer, blood and urine tests to determine blood alcohol levels. If you took a blood alcohol content test and it indicated you had a blood alcohol content level higher than a .08, you need the Jacksonville DUI lawyers that can fight your case.

It is important to note, as DUI attorneys in Jacksonville Florida that have successfully provided legal guidance to numerous people who have been charged with DUIs, we highly recommend you do not take a breathalyzer, blood or urine test and instead, politely request an attorney. If you do not take the breathalyzer test, your driver’s license will be suspended. However, if you are arrested for a DUI, your driver’s license will be suspended regardless. Taking a blood alcohol content test only provides law enforcement evidence to convict you of the DUI charges against you. It is far easier to get a hardship driver’s license, which will allow you to drive between work, home, school and religious activities, than to live with the lifelong financial, criminal, professional, logistical and emotional stress of a DUI conviction on your permanent criminal record.

Received a DUI in Jacksonville? Educating yourself is critical. Read more about what to do if charged with a DUI in Jacksonville.

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