Blog

Inquire as to whether the officer knows if a 2 pencil is required for this test.

Better answer: If you were not drinking alcohol, take the breath test. Why? If you refuse to take the breathalyzer/intoxilyzer test – and assuming the police officer had the requisite “cause” to request that you take the test, then you will suffer a “license revocation” of at least 12 months in most jurisdictions.

Also, a “refusal” to take the test in Florida, is now a separate crime – simply for the act of the “refusal.” Yes, you’re entitled to a hearing on this immediate revocation issue, but to be brutally honest with you, winning those hearings at the “Division of Drivers Licenses,” is a crapshoot, at best! You are NOT before real judges at those administrative hearings, and that’s the rub.

If you have been drinking – more than two beers as an example, then (first of all!) please do NOT drive; but unfortunately, if you use only 1/3 of your brain (!) and fail to follow that sage advice, then don’t take the test. The odds are, you’ll blow over the legal limit! Best bet: Call your parents or your sober friends, as they’ll be more than happy to drive you home – and they’ll agree in advance (most of them!), to NOT judge you. You’ll end up saving thousands of dollars in legal fees, bail money, towing and storage charges, and a host of other fees and costs; and more importantly, you may even save a life – your own, or someone else’s.