Breath Test Refusal and Cops

Even law enforcement officers aren’t immune to the DUI process—and some react in surprising ways – breath test refusal. A notable case out of Florida captured national attention when a retired sheriff’s deputy, accused of DUI, boldly told arresting officers, “I wrote the book on DUI.” The moment was caught on body cam footage, revealing the complexity—and irony—of DUI cases, even for those who once enforced the law.

The Arrest That Sparked National Interest

In 2017, retired Brevard County Sheriff’s Deputy Wesley Hoyt Snipes was pulled over for suspected DUI. As officers began the standard protocol—including field sobriety tests and a request for a breath test—Snipes made headlines with his confident and unapologetic demeanor. According to ClickOrlando.com, he told officers, “You’re wasting your time. I know the game,” and refused the breath test.

This situation raises an important question: What exactly happens when a police officer—or anyone else—refuses a breath test in Florida?

Florida Law and Breath Test Refusals

Under Florida Statute 316.1932, drivers are deemed to have given “implied consent” to chemical testing, including breath, blood, or urine tests if lawfully arrested for DUI. Breath test refusal can lead to a one-year license suspension for a first refusal and an 18-month suspension for subsequent refusals, along with misdemeanor criminal charges.

Consequences for Officers Are the Same—In Theory

While police officers are trained in DUI enforcement and the breath test process, when they themselves are suspects, they are legally subject to the same consequences as any other driver. That includes license suspension and potential prosecution. However, how the case is handled—both administratively and in court—can vary depending on the jurisdiction and internal politics.

Why Refusing a Breath Test Can Backfire—Even If You “Know the Game”

Some people believe that refusing a breath test will help them beat a DUI charge. But in reality, a refusal can be used as evidence of guilt in court, especially if it’s accompanied by poor performance on field sobriety tests or slurred speech captured on bodycam footage. Prosecutors often argue that a person refused the test because they knew they were impaired.

Even experienced law enforcement professionals like Snipes are not immune to these legal consequences. The key takeaway: refusing a breath test isn’t a foolproof strategy—it can actually make things worse.

What Should You Do If You’re Arrested for DUI in Florida?

If you’re stopped for DUI, it’s crucial to remain calm, say as little as possible, and contact an experienced DUI defense attorney as soon as possible. Whether you refused a breath test or submitted and blew over the legal limit, you still have rights and possible defenses.

At the Law Office of W.F. “Casey” Ebsary Jr., we have defended countless DUI cases—including those involving breath test refusals. We know the legal landscape, the procedures officers are supposed to follow, and how to identify constitutional violations and evidentiary weaknesses.

Call Us Now – Protect Your Rights

Have you or a loved one been arrested for DUI in Florida? Were you asked to take a breath test and refused? Don’t wait—your license and your future are at stake. Contact us today.

👉 Schedule your free DUI defense consultation
📞 Call: (813) 222-2220

We’re available 24/7 to help you fight your charges and understand your options.

Final Thoughts: Even Cops Can Get Caught

The story of a former sheriff refusing a breath test reminds us that DUI laws apply to everyone, regardless of badge or background. If you’re facing DUI charges in Tampa or anywhere in Florida, you need someone who knows the system inside and out—someone who’s written the book on DUI defense.

Let us help. Visit DUI2Go.com to learn more about your rights and how we can fight for you.

Breath Test Refusals and How We Challenge Them in Court

As illustrated by cases like that of former Deputy Snipes, refusing a breath test may seem like a strategic move. But when improperly handled by law enforcement or when due process is violated, these cases become vulnerable to legal attack—and that’s where we step in.

At the Law Office of W.F. “Casey” Ebsary Jr., we regularly challenge:

• Invalid breathalyzer results due to lack of maintenance logs or expired certification
• Unlawful traffic stops that violate constitutional protections
• Failure to inform the driver of the consequences of refusing to blow
• Lack of probable cause to demand a breath test in the first place
• Improperly conducted field sobriety exercises, often caught on dash or body cam

Every DUI case is fact-specific. That’s why we conduct a detailed review of your arrest reports, video footage, and breath test protocols to uncover every possible defense.

We’ve Seen It All—Now Let Us Help You

Whether your case is like the one involving the retired deputy—or it involves an everyday traffic stop turned into a nightmare—you don’t have to go through this alone.

W.F. “Casey” Ebsary Jr. is not just a seasoned trial attorney—he is also a former prosecutor and board-certified criminal trial lawyer, with decades of experience handling DUI cases throughout Florida.

We’ve helped countless clients get DUI charges reduced, dismissed, or resolved with minimal impact. We can do the same for you.

Ready to Defend Your DUI Charge?

📍 Serving Tampa, Hillsborough County, and surrounding areas
📞 Call us now at (813) 222-2220
📩 Or request your FREE case consultation online

✅ 24/7 availability
✅ Payment plans available
✅ Spanish-speaking support available upon request

Final Thought: When You Say “No” to the Breath Test, Say “Yes” to Legal Help

Refusing a breath test isn’t the end of your defense—it’s just the beginning. And with the right DUI lawyer by your side, you can fight back effectively.

Visit DUI2Go.com to learn more about DUI defenses, refusal laws, and your rights under Florida law. Let us help you protect your driving privileges, your record, and your freedom.

Need help now? Don’t wait—your license may already be on the line.
👉 Click here to get started with your case today.

Ready to Defend Your DUI Charge?

📍 Serving Tampa, Hillsborough County, and surrounding areas
📞 Call us now at (813) 222-2220
📩 Or request your FREE case consultation online

✅ 24/7 availability
✅ Payment plans available
✅ Spanish-speaking support available upon request