Attorney Jacqueline Crowley, a partner in the law practice of Farkas & Crowley of West Palm Beach, Florida, answers the question of if someone should take a breathalyzer test, and why. If you’ve been asked to take one, or a field sobriety test, you’re already under arrest anyway, and she explains further in this video.
Both attorneys, Adam Farkas and Jacqueline Crowley, have considerable experience and strong legal backgrounds. Together they serve their clients in both criminal defense and family law cases. As Jacqueline says, you are getting two lawyers for the price of one.
Transcript:
“My standard answer to that question is typically no. The strongest support for that answer is really that, when you reach the point that you’re being asked to submit to a breathalyzer test, you’ve already been placed under arrest. Whether you blow under or not, that arrest is not being reversed. It’s not like some people may see on TV that you can do a breathalyzer test on the side of the street. They’re going to check, and if you’re under the legal limit, you get to keep on driving. That’s not how it works.
They do a determination on the side of the street where they evaluate your signs of impairment and make a decision whether or not they’re going to ask you to submit to the field sobriety exercises on the side of the road, and then, at which point, based on what they observe, they will make an arrest. Typically, if you’re being asked to submit to the field sobriety exercises, you’re likely already going to be arrested. Then, once you’re arrested, you’re then transported to what we call the BAT facility. Some agencies use a different facility, but most agencies in Palm Beach County, you will be transported to the BAT facility. There, they’ll do a 20-minute observation, so you’ll be waiting during that period of time. That’s for them to observe whether or not you put anything in your mouth or anything that could affect the breathalyzer, and then you would be asked to submit.
You’re already well under arrest. You’re hours in, typically, at this point. That too, that amount of time elapse can have an effect on what the results of the breathalyzer would come out to be, sometimes in your favor, sometimes not. I think most attorneys would agree most attorneys would say no. There are several reasons for that, but the strongest one is there’s really no benefit to you. You’re not being un-arrested or not arrested because of it at that point. Even if it’s potentially inaccurate results or something, you may be providing evidence in a situation where you’re already under arrest, so there’s no reason.
Farkas & Crowley are dedicated criminal defense attorneys who understand the needs of someone under arrest. They will fight to protect your rights, defend you against the charges, and stand up for you in court.”
DUI Lawyers in West Palm Beach Florida
From our office in West Palm Beach, we help people both throughout Palm Beach County and the state of Florida. Clients are welcome to meet us in our offices, as well as outside, such as at home, your workplace, or in a public place like a coffee shop. We also meet clients through virtual meetings which can be conducted from anywhere. Contact us today to discuss your legal case.
