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.
Mr. Derek Byrd specializes in Criminal Law and is Board Certified by the Florida Bar as a Criminal Trial Attorney.