Farkas & Crowley Site Header Logo

Call Us 24/7 at (561)-444-9529

SHOULD I TAKE A BREATHALYZER?

SHOULD I TAKE A BREATHALYZER?

It is no surprise that Driving Under the Influence (DUI) in Florida is considered a serious offense. If you have been pulled over for suspicion of this offense, the officer may request a breathalyzer test to gather evidence against you. Obtaining an excellent and experienced West Palm Beach DUI attorney, like the attorneys of the law firm of Farkas & Crowley, will be important 
 
In this video, Florida DUI lawyer, Jacqueline Crowley of the law firm of Farkas & Crowley in West Palm Beach answers the question, “Should I take a breathalyzer if I’m pulled over?”

Transcript of Video

“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.”

DUI Conviction Brings Consequences

Florida has strict laws and penalties in place to deter impaired driving. In the state, it’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Penalties for DUI convictions vary based on factors like BAC level, prior offenses, and whether there was property damage or injury. First-time offenders may face fines, license suspension, probation, and mandatory alcohol education programs. Repeat offenders can expect harsher consequences, including longer license suspensions and potential imprisonment.

Aside from the heavy fines, jail time, and loss of driving privileges, DUI convictions also include consequences that can be life-changing.

      • You can be personally sued in a civil action. 

      • Your means of earning a paycheck can be affected because you can not get to work on time or consistently.

      • DUI conviction will remain on your criminal record for the rest of your life. This can negatively impact job searches, loan applications, housing options, and social opportunities.

      • Personal relationships could suffer. Family and friends may be disappointed or judgemental about your behavior. They may tire of your needing rides to events, family get-togethers, and other social engagements leading to social isolation.

      • You may develop mental issues – anxiety and depression are common.

    Contact Farkas & Crowley DUI Defense Lawyers

    Because DUI convictions carry such severe penalties, if you have been charged, it’s important to obtain a good DUI criminal defense attorney. At Farkas & Crowley, both Adam R. Farkas and Jacqueline D. Crowley have extensive experience in criminal law and will defend you rigorously. To find out more, contact our office today at (561) – 444 – 9529. We are available 24/7. If you have been arrested, call our lawyers as soon as you are allowed.

    Why Choose Us?

    Certified by the Florida Bar

    Experience in both defense & prosecution

    Focus on criminal law

    Aggressive, committed attorneys & legal staff ready to defend your rights

    Recent Posts

    Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.

    -Marla Newman

    Get In Touch

    Address

    500 S. Australian Ave.
    6th Floor
    West Palm Beach, FL 33401

    Phone

    (561) - 444 - 9529

    Hours

    Mon - Fri: 9 am – 5 pm

    Farkas & Crowley, PA

    Criminal Defense & Family Law Lawyers