Do I Have to Submit to a PBT in New Port Richey?

A preliminary breath test (PBT) is an important tool for police officers in New Port Richey. It helps them determine probable cause for DUI arrests, and it may be difficult to establish probable cause without this testing equipment. But do you really have to submit to a PBT in Florida? What are the consequences for refusing a breath test in New Port Richey? These are questions you might want to raise with a defense lawyer, especially if you are already facing DUI charges.

You Can Refuse a Preliminary Breath Test in New Port Richey

If a police officer pulls you over and asks you to participate in a PBT, you can refuse. These tests are also sometimes called preliminary alcohol screenings (PAS). Police officers may make it seem like you don’t have a choice, but you do. You can also refuse to participate in field sobriety tests, such as reciting the alphabet backward or balancing on one foot.

You should know that these tests provide officers with probable cause to arrest you. While they can still arrest you based on other signs of intoxication, it may be difficult for them to do so legally without additional evidence. These signs might include slurred speech, bloodshot eyes, difficulty walking, and so on.

You Cannot Refuse a Test After You Are Arrested

According to Florida’s implied consent laws, you cannot refuse a breath test after your arrest. At this point in time, Florida law requires you to submit to a chemical test of some kind. If you refuse, you may face various consequences. If you refuse, your license could be suspended for one year. You also face a second-degree misdemeanor charge on your record. These penalties become more severe with subsequent offenses. If you have refused a breath test in the past, a future refusal could result in a longer license suspension. You could also face a higher fine and a first-degree misdemeanor.

With that said, you might still decide to refuse a chemical test after your arrest. You might believe that doing so will prevent the authorities from getting access to evidence that could lead to your DUI conviction. Perhaps you believe that license suspension is preferable to a DUI conviction. Whatever the case may be, you should consider speaking with your attorney before you make any major decisions. You can request a meeting with your lawyer after your arrest, and the authorities must honor this request. You can also remain silent after your arrest.

Can a New Port Richey DUI Defense Attorney Help Me? 

A New Port Richey DUI defense attorney may be able to help if you face consequences for refusing a test. If you have not yet been arrested for a DUI in Florida, you are under no obligation to submit to a PBT. However, you may face consequences for refusing a breath test after your arrest. To learn more about this complex subject, consider contacting Athanaselos & Associates, P.A.

Source:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1932.html