As stated earlier in part one, if you are requested to take a breath test then you are already under arrest for DUI. So, why should you take a breath test? Providing a breath test that is under the legal limit will provide an experienced criminal defense attorney with the ammunition to get your case reduced or dismissed. However, if you have consumed more that a couple of drinks you should seriously consider refusing the breath test (unless you have a prior breath test refusal). An attorney cannot give anyone advise that would entail a recommendation to violate the law. If you refuse to take a breath test, having previously refused a breath test in a prior case, it is a separate crime punishable by one year in county jail. So assuming you have not previously refused a breath test, you should consider refusing the breath test if you have had more than a couple of drinks. Everybody is different, but generally speaking a person that consumes two or three beers over a couple of hours will blow substantially below the legal limit of .08. Even if you blow under the limit the police will still take you jail and you will still be charged with DUI.
There is a difference between the license suspension for a breath test under .08, a breath test over .08, and a refusal to take the breath test. In general, a person of legal drinking age that blows under .08 will not receive an administrative suspension. If a person blows over a .08 they will receive a six month administrative suspension and will generally be eligible for a hardship license after a 30 day pedestrian period (no driving for any reason). For a first refusal, the administrative suspension is one year and the person is generally eligible for a hardship license after a 90 day pedestrian period.
For more information contact an experienced Tampa Criminal Defense Attorney at The Law Office of Timothy Hessinger.