06Sep 2017

In Florida, You Can Change Your Mind About A Breathalyzer Test, Without Penalty

In the State of Florida, if you have a driver's license, part of the agreement you make with the state when you accept the license, is that you agree to submit to a breathalyzer test if an officer suspects you of operating under the influence and requests one. Not only that, but if you refuse, the state can then use that as evidence against you and can then put more penalties on you for refusing to do so.

There was an interesting case where a driver initially refused to take a breathalyzer test when an officer requested one. Once the individual was brought to the police station, he decided that he would submit to a breathalyzer after all, to eliminate the penalties he would receive for refusing to take the test. The officer, however, would not let him take one once he refused initially and wrote down in the complaint that he refused to take one so that it could be used against the defendant.

The defendant's attorney filed a motion that his client should not be punished for refusing to take a breathalyzer since he had changed his mind and, ultimately, agreed to submit to one. Fortunately, for his client, the courts agreed. The courts determined that as long as the not too much time had passed, the defendant was still in the presence of police officers and a breathalyzer machine, the individual is allowed to change their mind about submitting to the test, without penalty.  If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call Handy Law for aggressive and experienced legal defense.