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DUI Breath Test

In Florida, anyone who accepts the privilege of operating a vehicle is deemed to have given the consent to submit to an approved chemical or physical test. Even though you have the right to refuse either one of these tests, the penalties for refusal can sometimes be severe.  If you understand your rights and have proper legal representation, it is possible to avoid these penalties and avoid being unable to drive for up to a year.

If you have been arrested for DUI in Florida, you should immediately seek the help of an experienced defense attorney. If convicted, DUI offenses can have serious consequences and even impact your ability to travel if your driver's license gets suspended. To avoid or reduce these consequences, it is in your best interest to hire a DUI attorney who is experienced in these matters.

South Walton DUI Breath Test Attorney

The attorneys at Adkinson Law Firm, LLC are well versed in all aspects of a breath test and DUI cases. If you have been charged with DUI as a result of refusing a breath test in Crestview, South Walton, Fort Walton Beach, Milton, Navarre, DeFuniak Springs, Pensacola and the surrounding areas, contact Adkinson Law Firm, LLC to discuss the details of your alleged DUI offense. Clay Adkinson of Adkinson Law Firm, LLC has experience with a breath test and DUI cases who will use his knowledge to look for weaknesses in the prosecution's evidence against you.  

Call Clay Adkinson for a free consultation today at if you have been charged with a DUI as a result of refusing a breath test in Destin, South Walton and the surrounding areas, and let him advise you on the critical next steps in your defense.

What if I Refuse to Take the Breath Test?

Whether or not to submit to a breath test is a decision that individuals must make based on their specific situation. When making this decision, it is important to understand your legal rights, as well as the consequences for refusing to take it.

When refusing to take a Breathalyzer, many people are motivated by the idea that there won't be any negative results that can be used against them in the future. Documentation of a failed breath test carries a great deal of weight and is likely to have a negative impact on a case. Another motivating factor behind refusing to take a breath test is that you won't have to worry about the enhanced punishments that are associated with extremely high breath test results. For example, if your breath test result was over .15, the prosecution has the ability to seek harsher punishments.

Penalties for Refusing a Breath Test in Florida

As stated by Fla. Stat. § 316.1932, a person has given implied consent whenever he or she gets behind the wheel and drives a vehicle. This means that he or she has given consent to submit to an approved chemical or physical test to determine their sobriety, upon request from a law enforcement official.

The penalty for refusing to take a breath test is an automatic license suspension for a year. If this is your first offense for refusal to take the Breathalyzer, you can apply for a hardship license three months into the suspension. If you have previously refused to take the test, you will face up to $1,000 in fines, as well as an automatic license suspension for 18 months.

For commercial truck drivers, the penalties for refusing to take a breath test are more severe. The first refusal for a commercial truck driver will lead to a license suspension for a year, while a second refusal will lead to a permanent license disqualification. There are no hardship reinstatements available to commercial truck drivers who have had their licenses suspended or disqualified.

Failing a Breath Test Defense in Florida

If you do submit to a breath test and your result is above the legal limit of .08, you will be charged with a DUI. In some circumstances, a DUI charge can be reduced to reckless driving charges. Some common factors that often lead to the reduction in charges include lack of evidence, improper procedure by law enforcement, and plea-bargaining. The ability to effectively dispute the test results can also have a positive impact on your case.

DUI cases are often reduced to reckless driving. This is especially true when it can be proved that there was a mistake made during the testing process, or that there were factors that resulted in an inaccurate test result. Some of these factors include a machine error, improperly calibrated machine, and medical conditions such as acid reflex.

Adkinson Law Firm, LLC | South Walton Breath Test Attorney

An arrest for DUI doesn’t have to ruin your life. If you have been charged with a DUI in conjunction with a refusal to take a breath test in the Florida Panhandle, including the areas of Paxton, Ponce de Leon, Century, Shalimar, Laurel Hill, Freeport, and Chipley, Adkinson Law Firm, LLC today. The DeFuniak Springs criminal defense attorneys of Adkinson Law Firm, LLC have a deep understanding of DUI breath test procedures, and can use that knowledge to have your DUI charges reduced or even dismissed.

Contact Adkinson Law Firm, LLC today for a free consultation at or send an online message about your breath test DUI case, so the attorneys at Adkinson Law Firm, LLC can get started on the task of protecting your freedom.