Preview

Breathalyzer Test Research Paper

Good Essays
Open Document
Open Document
467 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Breathalyzer Test Research Paper
While driving through town, you see flashing lights in your rearview mirror. You pull over and after a series of questions, the officer asks you to take breathalyzer test. Now what? The issue of whether to take breathalyzer test happens frequently. Most people know the legal consequences of taking the test, but few understand the repercussions if you do not. So, should you take a breathalyzer test in Florida?

Implied Consent?

Florida's implied consent law dictates that any person who operates a motor vehicle within the state is deemed to have given his or her consent to submit to a state approved chemical test including, but not limited to a breathalyzer test, blood test or urine test for purpose of determining the his or her blood-alcohol
…show more content…
For your first offense, your license will be suspended for one year. For your second offense and third offense, your license will be suspended for 18 months plus additional penalties, such as jail, and you will be charged with committing a misdemeanor.

Does Refusing to take the Test help your case?

Simply put, probably not. It does not help you if you refuse to take a breath, blood, or urine test. First, you will be subjected to the above mentioned consequences. Second, the prosecutor can use your refusal to take the breath, blood, or urine test as evidence against you. The prosecutor will likely argue that your refusal to submit to a breath, blood, or urine test is evidence that you were intoxicated and guilty of DUI.

Contact Proly, Laporte & Mulligan

The attorneys Proly, Laporte & Mulligan will aggressive and efficiently defend your interest in your DUI case. We will provide you with the answers you need, relieve some of your stress, and ensure that the final outcome in court will be the best possible outcome. The attorneys at Proly, Laporte & Mulligan are extremely familiar with current Florida DUI laws. We will focus on fighting your DUI charges and getting your life back to normal as fast as

You May Also Find These Documents Helpful

  • Good Essays

    An odor of an alcoholic beverage was detected emitting from CRABBE'S vehicle and breath while he spoke. He was requested to exit the vehicle to speak with Officers about the incident. CRABBE related he and his girlfriend Tammy drove to Redner's so he could get something to eat. While driving there an arguement began between him and Tammy. Once they arrived at Redner's Tammy exited the vehicle. He asked her to get back in the car but she refused. Shortly thereafter he decided to leave. CRABBE was questioned about the amount of alcohol he consumed tonight. He said "I'm not going to lie, I had a couple drinks a few hours ago." I requested him to submit to a series of psychophysical divided attention tests; some of which he was unable to successfully complete. CRABBE was questioned about the use of marijuana and narcotic analgesics. He related he is not prescribed any medication and he did not use any drugs. CRABBE began to pace by the vehicle and was instructed to stand still on…

    • 960 Words
    • 4 Pages
    Good Essays
  • Good Essays

    cja324r3 ethical worksheet

    • 1495 Words
    • 6 Pages

    The husband could be taken into custody by the officers for the domestic altercation. The husband could be taken into custody for driving under the influence of alcohol since the officers have tested and observed the problem.…

    • 1495 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    1st time-$900 fine plus other fees, suspended drivers license for a year, and interlock ignition device installed in your car.…

    • 509 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    24 or 48 hours in jail, second is 7 days I think, the third is 150 days in jail and any higher is a felony. The fines are very high and you lose your license for 1 year min, also if you took a alcohol test (either blood or breath) and it was higher than .20 then its mandatory 7 days in jail.…

    • 2106 Words
    • 9 Pages
    Good Essays
  • Powerful Essays

    Police can immediately suspend driver’s license up to three days for a first occurrence with a blood alcohol concentration (BAC) of 0.05 to 0.08…

    • 2127 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The issue presented is whether or not Josie was operating her vehicle. Based on the fact pattern in Josie’s case the finding of her being in “operation” would be in her favor under the applicable law. Operating while intoxicated (OWI) is defined by Ind. Code § 9-30-5-2, which states, “A person who operates a vehicle while intoxicated commits a Class C misdemeanor.” Ind. Code 9-13-2-118, defines “operator” meaning a person who drives or is in actual control of a motor vehicle upon a highway. To determine whether or not a person was operating a vehicle they used the Hiegel test with four factors but only the second factor concerns us here, it state whether or not the motor was running.…

    • 529 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Missouri v McNeely

    • 483 Words
    • 2 Pages

    Drunk-driving cases present a per se exigency, the arguments and the record do not provide the Court with an adequate analytic framework for a detailed discussion of all the relevant factors that can be taken into account in determining the reasonableness of acting without a warrant. In drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant…

    • 483 Words
    • 2 Pages
    Good Essays
  • Good Essays

    According to s36A ‘LEPRA’, a police officer has the right to stop a vehicle on reasonable grounds. After the certainty of no alcohol indicated from the breath tester , conduct allowed under the rights of police , the reasonable…

    • 681 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Dui Assignment

    • 537 Words
    • 3 Pages

    Dui enhancements: A) Prior dui conviction can receive a minimum of 48 hours or 10 days community service.…

    • 537 Words
    • 3 Pages
    Good Essays
  • Better Essays

    MADD Canada wanted to in force the use of breath test for a way to narrow evidence available for defences against impaired driving, specifically the “Carter Defence’ and the ‘Last Drink Defence’.…

    • 1522 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    If you've been arrested for driving under the influence, or DUI, you're probably worried and confused about what's going to happen to you. If you're like a lot of people, a DUI arrest is your first brush with the criminal justice system, and it can be scary. While you can represent yourself, it's best to hire a criminal defense attorney. Here's why.…

    • 590 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Driving under the influence can result in a license suspension, fines, probation, incarceration and community service. Even if you had a blood alcohol concentration that was lower than 0.08, you may still be convicted of drunk driving. To make sure that you are legally prepared for your case, contact our professional staff members at Khonsari Law Group for more…

    • 377 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Florida does not do enough to prevent and stop distracted driving. It is illegal to text and drive but not illegal to call someone and drive even though they both distract you. To be given a citation for texting and driving one must already performing another offense punishable by law. There multiple ways to get around this offense as well.…

    • 158 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Alcohol can be smelled on your breath now, taking a breathalyzer test determines your BAL. For example, speech and the ability to walk are impaired the more you drink. Your vision may become blurred as well.…

    • 263 Words
    • 2 Pages
    Good Essays
  • Good Essays

    If your BAC level is allegedly between .08 percent and .099 percent, you may be subject to the general impairment DUI penalties. You may also face these punishments if your BAC level is undetermined. According to the Pennsylvania Department of Motor Vehicles, the penalties you may face if convicted of DUI under this tier include up to six…

    • 397 Words
    • 2 Pages
    Good Essays