A DUI Arrest is NOT a DUI Conviction

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If I Am Arrested For DUI Should I Blow or Not Blow?

This is probably the most commonly asked question of any DUI attorney; whether to take the Breath Test (BT) or not. Here are my suggestions: Yes, Blow if: you have had nothing or very little to drink. Beware however, your judgment may be impaired, and you may feel sober and still be over the limit. Don't Blow if: you have been drinking.  


Florida law does not make it illegal to refuse to take the breath test.  Florida law does not allow for a police officer to request that you take the BT unless you are under arrest for DUI. Which means, even if you pass the BT, you are still under arrest and are going to jail, the officer cannot un-arrest you. Breath Testing machines such as the CMI Intoxilyzer 8000, are not always reliable and have problems, why would anyone want to risk a DUI conviction based on a faulty machine and unreliable evidence. There is a better chance of getting the case dismissed if there is no BT result and a person looks sober on the video.

Why would you want to take a Breath Test if you are already under arrest? If you have not been drinking, or have only had 1 or 2 oz's of alcohol, the BT results may be in your favor for getting the charges dismissed or pled to a lesser offense. There are additional DMV and Criminal penalties for refusing to take the BT, especially if you have previously refused. 


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