Imagine you’re driving down the street and an officer pulls you over and asks you to do a sobriety test. Is it illegal in Florida to refuse to do a sobriety test or a breathalyzer test?
It is not illegal to refuse a sobriety test, but by refusing to do it, that could lead to an arrest, said Lt. Brian Bossio, Stuart Police spokesperson.
If a driver refuses to do a sobriety test the officer will make a decision based on other factors. Anything they notice during the interaction such as slurred speech, odor of alcohol, or driving patterns could be used to determine if an arrest should be made, Bossio said.
He said some people do refuse to do sobriety tests, but it is not extremely common.
If the driver is determined to be under the influence, the officer will place them under arrest and take them to the jail.
Once there, the officer will read the driver implied consent, which refers to the legal principle that anyone who operates a motor vehicle on a road in Florida automatically agrees to submit to DUI testing, if requested by law enforcement. It is stated at the bottom of Florida drivers licenses.
You can refuse a test, according to Bossio, but there are automatic penalties such as suspended license or an additional charge.
So if you refuse a sobriety test, you could be charged with DUI by the officer, and if you refuse a breathalyzer, you will be charged with DUI refusal because you would already be in custody.
(This story was updated with new information.)
Olivia Franklin is a breaking news reporter for TCPalm. Follow Olivia on X @Livvvvv_5 or reach her by phone at 317-627-8048. E-mail her at olivia.franklin@tcpalm.com.
This article originally appeared on Treasure Coast Newspapers: Is it illegal to refuse a sobriety test or breathalyzer in Florida?
Reporting by Olivia Franklin, Treasure Coast Newspapers / Treasure Coast Newspapers
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