Leading criminal defense lawyer Yale Galanter explains why you should say no. With the exception of absolute sobriety, there are nearly no imaginable circumstances where it is to your advantage to take the Standard Field Sobriety Test or submit to a breath or blood test. What you may not know is that under Florida DUI laws, these tests are voluntary. Hence, the single most effective way to avoid failing these tests or exercises is to NOT take them.
Florida has an Implied Consent Law, which means that when you get your Florida Driver’s License, you agree to submit a breath or blood test if requested to do so by a law enforcement officer who has probable cause to believe that you are driving while impaired. But if you take the test and flunk (.08 or higher), the prosecutor now has quantitative proof of your blood-alcohol percentage. Instead, a good DUI defense lawyer will advise you to refuse to submit a breath test, which will make the State Attorney have to show you were driving impaired or above the legal limit by other evidence.
Upon refusing to take the test, your license will be suspended administratively by Florida Department of Motor Vehicles. However, you do have right to contest the suspension via a Formal Review Hearing—but this hearing must be requested within 10 days of the arrest or you have missed your opportunity, and it is waived. This is why is it essential to hire an experienced Miami traffic defense attorney upon your arrest for DUI.
If you or someone you know has been arrested for a DUI in Miami, Fla., there is only one Miami law firm you should contact: Galanter Law, Criminal Defense Attorney. Even if you took a Breathalyzer test and blew over the legal limit, Miami criminal defense attorney Yale Galanter will fight for you to retain your privilege to drive in Miami as well as have the charges brought up reduced or dropped.