Should you have taken the breath test? There is no definitive answer. However, you certainly help your chances of winning a DUI case by not providing a breath sample.
If you DO NOT take the breath test – the police call it a REFUSAL. The police officer MUST read you Florida’s Implied Consent law if you decline to take the test.
The law requires you to be warned against possible adverse consequences to your driver’s license. Also, the law warns you that your refusal can be used against you in court. If you are a second time refuser, the law warns you that your refusal can be grounds to charge you with an additional crime.
In order for you to understand all of these warnings properly, you must be coherent and aware of the rights you are giving up. The problem is – the officer MUST have already arrested you before giving you these warnings. If he arrested you, the officer had the opinion that you were too “impaired” or too “drunk” at that time. However, if you were too “impaired” or “drunk” – then your refusal suspension should not be held up and you should get your license back!
On the other hand, if the officer testifies that you were coherent and understood your rights, then your DUI should not stand because you were not “impaired” or “drunk.”