Do I Have To Blow Into a Breathalyzer

Do I Have To Blow Into a Breathalyzer?
Derek Byrd, Byrd Law Firm, Criminal/DUI Attorney

One of the most frequent questions (as a DUI Attorney) that I get from friends and people I know is “If I get arrested for a DUI, should I blow into the Intoxilyzer or not?  Which is a really good question.

There are a lot of things that can happen whether you blow or don’t blow. But in short, if you refuse the breath test and you don’t blow, chances are you will have a stronger case in criminal court.

Frankly, without a breath test reading, it’s going to be a little bit more difficult for them to prove you are guilty in criminal court. However, by refusing the breath test, you get penalized by the Division of Motor Vehicles. The DMV will suspend your license for a year simply for refusing to blow and, within the year, there will be 90 days during which you cannot drive for any reason.

On the other hand, if you blow, it can hurt you a little bit on the criminal side. Because now they have a breath test result against you which can be powerful evidence in criminal court. However, on the DMV side, you get a little bit of a benefit because now, as opposed to 90 days of no driving, it’s only 30 days of no driving and your license is only suspended for six months. Obviously, this is a double-edged sword.

I guess it depends on what is more important to you. Is it more important to beat the DUI in criminal court or is it more important to license suspended for as short a period of time as possible? Most people think it’s more important to beat the DUI in criminal court.

That is why the most common answer to this question is do not blow into the breath test machine.

However, you should note that you only get one free “no blow”, if you will, in life. The first time you refuse to blow into the breath test machine, there is no criminal consequence. However, a second or subsequent refusal to blow is actually a crime called “Refusal to Take a Breath Test” and the prosecutor’s office will most certainly prosecute you for refusing to take a breath test a second or subsequent time.

So, if you’ve refused to blow into the breath test machine once, you might want to think twice about refusing a second or subsequent time.

All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information.  You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.