Defense attorneys throughout Florida have been challenging the accuracy of breathalyzer machines—and the fact that their results are permitted in court as evidence against DUI defendants—for many years. Breathalyzer tests help law enforcement officers confirm their suspicions that a driver may be too drunk to drive, but a number of factors can influence the accuracy of the BAC results they produce. Still, drivers are expected to submit to these tests, and when they refuse, they face additional consequences.
Under Florida’s implied consent law, drivers are required to submit to blood or breath tests when requested by law enforcement, provided there is probable cause. Refusing these tests can lead to mandatory license suspension and complicate the case for drivers contesting DUI charges.
If you’re wondering whether refusing a DUI breath test might save you from a conviction, the answer is that it’s highly unlikely. A DUI suspect may be convicted of DUI without ever taking a breath test. If you’ve recently been arrested for driving under the influence and you refused to breathe into the breathalyzer at the police station despite having given consent by applying for a Florida driver’s license, your DUI case could have more layers than others. You deserve competent representation from a skilled DUI lawyer in the West Palm Beach area.
Understanding DUI Convictions
A DUI conviction can have severe consequences, including hefty fines, jail time, and a suspended license. A DUI conviction can occur even if a driver refuses to take a breathalyzer test. The prosecution can use other forms of evidence, such as field sobriety tests, blood tests, and officer testimony, to prove a driver’s guilt.
This means even without a breathalyzer test, there are multiple ways for law enforcement officers to establish a driver was under the influence.
Therefore, it is crucial to understand the different types of evidence that can be used against you and to seek the assistance of a skilled criminal defense lawyer to navigate the complexities of your case.
Understanding the Two Types of Breathalyzers
Florida law enforcement officers on traffic duty rely on two types of machines to gather information about a drunk driving suspect’s level of intoxication during a DUI arrest. When you’re stopped for a DUI investigation, the first machine the officer will use is known as the portable breathalyzer.
The result this machine produces cannot be used as evidence in court; however, it gives the officer “probable cause” to complete their DUI investigation and place you under arrest if he previously observed dangerous driving behavior.
The second breathalyzer test is what you blow into at the police station. All police stations must use the Intoxilyzer 8000 to test DUI suspects, and they may only use results from this brand in court as evidence. If you refuse to blow into the Intoxilyzer 8000, your refusal can be used against you in court. Your refusal may show the court your “consciousness of guilt.”
Methods for Testing Intoxication
Law enforcement officers use various methods to test a driver’s intoxication level. These methods include blood tests, field sobriety tests, and breath tests. Each method has its own procedures and implications, and understanding them can help you better prepare for your defense.
Blood Test
A blood test is a chemical test used to determine a person’s blood alcohol concentration (BAC) levels. Blood tests are considered the most accurate method of determining BAC levels because they directly measure the amount of alcohol in the bloodstream.
A driver can refuse to take a blood test, but this refusal can result in an automatic license suspension and can be used as evidence of guilt in court.
The accuracy of blood tests makes them a powerful tool for law enforcement officers in DUI cases, but they also require proper handling and analysis to ensure reliable results.
Field Sobriety Test
A field sobriety test (FST) is a series of tests used by law enforcement officers to determine a person’s level of intoxication. These tests are approved by the National Highway Traffic Safety Administration (NHTSA) and are designed to assess a driver’s physical and cognitive abilities.
The three most common FSTs used by law enforcement officers are the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. Each of these tests evaluates different aspects of coordination and balance, and failing any of them can be used as evidence of impairment. While FSTs are not as scientifically precise as blood tests, they provide law enforcement officers with immediate, observable indicators of intoxication.
What Kind of Evidence Can Be Used Against Me at Trial?
Simply refusing to blow into a breathalyzer machine can be used against you in a DUI trial. There are two types of evidence that the state can use to gain a conviction, even without knowing your BAC at the time you were arrested.
Blood or breath test results are crucial for the prosecution to establish guilt in DUI cases. Without solid blood alcohol content evidence from these tests, the case may rely more on police observations rather than concrete evidence.
Using Direct Evidence in a DUI Case
Direct evidence directly proves a fact without requiring any inference or additional reasoning. Examples of direct evidence in a DUI case include the following:
- A BAC test result of 0.08 or higher
- The arresting officer’s observations
- Witness testimony
So, even without the BAC test result, other types of direct evidence, such as the arresting officer observing you swerving in your car and smelling alcohol on you, can support the prosecution’s case.
What is Circumstantial Evidence in a DUI Case?
Circumstantial evidence is made up of facts that don’t prove the crime but can be used to infer a crime occurred. Examples could be:
- A hot car hood, you sitting in the driver’s seat, or your car being on the side of the road. These facts can lead an officer to conclude that you drove, even if there is no direct evidence, such as a witness seeing you drive by. Demonstrating that you drove your car while intoxicated is one element the prosecution must prove to gain a conviction for DUI.
- Empty beer bottles and drug paraphernalia found in your car may be used as circumstantial evidence.
- Any statements you give to police about your mental or physical condition — such as telling them you had a few beers — can work against you. These statements don’t prove you were drunk, but they support the fact that you were more likely than not impaired when you were stopped for DUI.
- The results of field sobriety testing include the horizontal gaze nystagmus, walk and turn, and one-leg stand. If an officer witnesses you failing these tests, it can be inferred you were impaired at the time of the stop.
When the circumstantial evidence is strong enough, a jury may convict a defendant of DUI. It’s not necessary for the jury to have both direct and circumstantial evidence to convict; however, they must believe that the facts prove “beyond a reasonable doubt” that the defendant was driving under the influence.
Officer’s Testimony
The arresting officer’s testimony can also be used as evidence in a DUI case. The officer may testify about the driver’s behavior, speech, and coordination during the arrest. This can include observations such as slurred speech, the smell of alcohol, and erratic driving behavior.
Additionally, the officer may testify about the results of any field sobriety tests administered. The officer’s firsthand account of the driver’s condition and actions can be compelling evidence in court. A driver can be convicted of a DUI without a breathalyzer test if there is sufficient evidence of intoxication from the officer’s testimony and other sources. A criminal defense lawyer can help a driver fight a DUI conviction by challenging the evidence and arguing that the prosecution has not met its burden of proof.
By understanding these methods and the role they play in DUI cases, you can better prepare to defend yourself against a DUI charge. If you find yourself facing a DUI without a breathalyzer test, it is essential to seek the guidance of an experienced criminal defense attorney who can help you navigate the legal process and protect your rights.
Consequences of Refusing a Breathalyzer Test in Florida Under Implied Consent Law
Refusing a breath test can lead to an automatic license suspension of up to one year and may cause the court to extend your sentence if you’re convicted of DUI. Exceeding the legal BAC limit can lead to DUI charges, and even if a driver’s BAC is below the legal limit, they can still face charges based on impairment.
Diversion programs are essential to getting the state to drop your DUI charge and completing one makes it easier to appeal to the court to have your charge sealed from your public records. The court may offer participation in a diversion program as an alternative sentence, and could involve the following:
- Performing community service
- Attending DUI school
- Completing a Victim’s Awareness program
It may seem like a lot of work, but this is usually preferable to the sentence you’d receive upon a conviction.
Avoid the Consequences of Refusing a DUI Breath Test
If you’ve recently been arrested for drunk driving and you refused to take a breath test, you need a strong DUI defense to counter the evidence presented by the police officer. Criminal Defense Attorney Brian Gabriel has served people accused of DUI and related crimes for more than 30 years in the Palm Beach County area. He will handle your case using all the knowledge and skills developed over the span of his more than 30-year career.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.