Can I Refuse a Breathalyzer Test?
The direct answer to the question which I get a lot is, can I refuse a breathalyzer test? Yes, you can. The option rests with you as the arrestee. Which you have to remember there are going to be consequences for doing so. Just by driving on the roads in Florida you have implied the consent to give your breath if you ever asked. If you revoke that consent, for example, the Department of Highway Safety and Motor Vehicles can suspend your license, or if you've previously refused in the past, you might even be charged with a separate criminal misdemeanor.
There are a variety of reasons why the prudent thing to do is refuse if you're ever asked. But you also have to be cognizant of the consequences of that. That's where an attorney with knowledge of how the DUI laws work and how to understand the nuances and appreciate the risks comes into play. Sometimes it's better to educate yourself on the front end because, by the time you're in a lawyer's office if you've been arrested for DUI, it's too late.