You Will Be Charged With a Crime If You Refuse a Second Valid Breathalyzer Test in Miami
If you’re driving in Miami, a policeman can stop you if he or she suspects you are driving under the influence of drugs or alcohol. This is standard procedure in every state. Let’s look at the particulars of Miami’s DUI laws, though; as DUI laws vary state by state.
A normal DUI investigation entails a police officer asking you routine questions, such as where the driver was, what he has been doing, and how much he’s had to drink. Everyone should know that they don’t have to say a word. It’s wise to give your full name, registration, driver’s license, and insurance card to the police officer if he’s questioning you. You should probably ask to speak to a lawyer after you’ve given that basic information to the officer. As you should already know, anything else you say can be used against in court of law.
That is where a DUI lawyer in Miami can really help you. A Miami DUI lawyer knows all the ins and outs of the system, and they can advise you when you’re charged. You don’t want to make it any worse on yourself than it already is. A DUI defense firm in Miami can help you navigate the uncharted waters of your first DUI. A Miami DUI lawyer should be your first call if you’re charged with a DUI. A DUI lawyer can hopefully help you resolve your case quickly and easily.
After you’ve given the officer routine information, he’ll usually ask you to step out of the car and perform some field sobriety tests. In most situations you don’t want to do these tests if you can avoid it. A field sobriety test is completely subjective. If the officer thinks you’ve failed, then you’ve failed. Even if there’s video evidence to support your sobriety, it’s an uphill battle to mount a successful defense. Even if there’s a video, it will miss critical areas of the test. For example, when the officer does the HGN test, he might say you didn’t pass it. Even if you didn’t, the video evidence won’t be able to show it because it can’t capture how well you performed on that important test.
Once the field sobriety tests are conducted, or you’ve refused to undergo them, the officer will probably arrest you. You are then hauled off and booked into the jail. Once you’re in jail, the officer will ask you to blow into the breathalyzer. You’re already under arrest. You’re already in jail. The breathalyzer won’t help you escape an arrest. It will just help the state convict you of a DUI. You can refuse to take the breathalyzer. If you don’t want to take a breathalyzer for your initial DUI offense, there are two big consequences. If the DUI is valid, your driver’s license will be taken away for a year (instead of just half a year if you take a breathalyzer). If your DUI does go to trial, the prosecutor can use your refusal to take a DUI as circumstantial evidence that you were trying to hide that you were drunk.
Now, if you get another DUI offense, and you refuse to take a breathalyzer test a second time, the penalties are increased. Your driver’s license can be taken away for 18 months. They can even charge you with a new crime for failing to take a second breathalyzer. The DUI has to be valid, and the officer has to have informed you of the possible crime involved. If that happens, you face a new misdemeanor charge if you refused to blow into a breathalyzer on your second run-through.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions, (305) 615-1285.
View more contact information here: Miami DUI Lawyer.