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|Refusal of a Breath Test|
Refusal of a Breath Test
Below is video from inside a jail. There a cop is administering Florida’s Implied Consent warning, This warning is given prior to requesting a suspect to take a breath test on an Intoxilyzer breath machine.
Breath Test Refusal Update
What do police officers do when arrested for DUI and asked to take a breath test or perform Field Sobriety Exercises?
We have again found out what cops do when arrested for DUI. Here is an update from a 2016 article. “In the 2016 arrest report, a Pinellas sheriff’s deputy wrote that Green’s eyes appeared “glossy” and his balance unsteady. He refused to submit to a field sobriety test or a Breathalyzer test to measure his blood alcohol-level.”
In the past ten years, this topic is of interest to many of our viewers. The breath test is voluntary if the arresting officer properly informs suspects of their options. One court ruled that where the cop misinformed a DUI suspect that he would be eligible for a hardship license if he submitted to a breath test. The cop also told him he would not be eligible if he refused the test.
Due to misinformation, it could not be proven that suspect’s decision to submit to the test was not influenced by misinformation; the state has failed to prove that submission to test was voluntary. Tthe test results were not allowed in the proceeding. Source: FLW Supp 1703Perd