Florida Statute § 216.1932 is the state’s implied consent law. Under this statute, any person who accepts the privilege of operating a motor vehicle within Florida is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test when suspected of driving under the influence (DUI) of alcoholic beverages.
In most cases, an alleged offender will be asked to submit to a roadside breath test administered on a portable device as well as a breath test usually performed on a machine known as an Intoxilyzer 8000 at the actual police station. Breath testing is generally considered to be the least invasive form of testing for blood or breath alcohol concentration (BAC) and typically provides immediate test results, but the tests also need to be administered in accordance with numerous requirements in order for any evidence to be allowable in criminal cases.
If you were arrested for drunk driving in South Florida after failing or refusing a breath test, it is in your best interest to immediately retain legal counsel. Meltzer & Bell, P.A. defends clients arrested for DUI in Royal Palm Beach, Riviera Beach, Palm Beach Gardens, Greenacres, Lake Worth, and many other surrounding areas of Palm Beach County, Miami-Dade County, and Broward County.
Lawrence Meltzer and Steven Bell are experienced criminal defense attorneys in West Palm Beach who can investigate how your breath test was handled and use any errors to possibly file a motion to suppress the test results. You can have our lawyers provide a complete evaluation of your case when you call (561) 557-8686 to set up a free, confidential consultation.
Palm Beach County Breath Test Information Center
While the implied consent law leads most people to believe that they are obligated to comply with requests to submit breath samples, the truth is people do have the right to decline such testing. A person who exercises this right, however, can face other consequences in addition to possible prosecution for a DUI offense.
Florida Statute § 216.1932 provides that a law enforcement officer must inform a person that failure to submit to any lawful test of his or her breath will result in the suspension of his or her driver’s license for one year for a first refusal or 18 months for a second or subsequent refusal. Additionally, Florida Statute § 216.1939 makes it a first-degree misdemeanor for a person to refuse to submit to a breath test when his or her license has been previously suspended for failure to submit to a lawful test and:
A first-degree misdemeanor is punishable by up to one year in jail and a fine of up to $1,000.
While people who refuse to submit breath samples often know that they have avoided giving evidence to prosecutors, the individuals who do provide specimens often assume they are destined to be convicted because the breath test results were in violation of Florida BAC limits. The truth is that many different kinds of breath samples have been thrown out of courts all over the Sunshine State for various types of mistakes by law enforcement agencies.
Some of the most common reasons that breath test results can be challenged in court and possibly declared inadmissible include, but are not limited to:
Florida Statute § 216.1932 | Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal. — View the full text of the state law in Florida governing breath, blood, and urine tests. You can read all of the requirements for the Alcohol Testing Program within the Department of Law Enforcement. Also find the types of information concerning the results of tests taken at the direction of the law enforcement officers that must be made available to alleged offenders.
Florida Department of Law Enforcement (FDLE) | Intoxilyzer 8000 Records — Visit this section of the FDLE website to access various information concerning Intoxilyzer 8000 records. You can find instrument files and registrations, subject test electronic data, and inspection test and other electronic data. The website also has subject test statistics, evaluations, and research studies
Were you arrested for DUI in the Palm Beach County area after failing or refusing to submit to a breath test? You will want to contact Meltzer & Bell, P.A. as soon as possible.
Our West Palm Beach criminal defense lawyers represent individuals in communities throughout Palm Beach County, Miami-Dade County, and Broward County, including Wellington, Delray Beach, Boynton Beach, Jupiter, Boca Raton, and several others. Call (561) 557-8686 or submit an online contact form to have our attorneys review your case and answer all of your legal questions during a free initial consultation.