DUI Breath Test Refusal – Maybe Not

Published by Fleet Tilden, Esq. at December 31, 2010

New Years Eve is one of the busiest days of the year for police enforcing DUI laws. Police may have a new weapon in their pursuit. Florida is among several states now holding what are called “no refusal” checkpoints. It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test. It’s already being done in several counties, and now Mother’s Against Drunk Driving in Hillsborough County are working to bring it to the Tampa Bay area. The federal government says Florida has among the highest rates of breathalyzer refusal. Florida currently has criminalized a second or subsequent breath test refusal.

This new tactic, however, is under fire by DUI defense attorney who believe the mandatory blood test as a violation of constitutional rights. Part of the concern is the invasive nature of utilizing a needle to withdraw a blood specimen at the roadside. Supporters, though, say you could see the “no refusal” checkpoints in the Bay area by October.

TILDEN LAW represents clients in Central Florida accused of DUI and Driving Under the Influence charges. If you are facing a Orlando, Orange County or Seminole County DUI or Driving Under the Influence charge, call our office for a free case evaluation, 407 599-1234.

Fleet Tilden, Esq.

Beginning in 1923, attorney John Tilden, Esq. established his law practice in Downtown Orlando with a full service law firm serving Central Florida residents. Following in his grandfather’s footsteps, attorney N. Fleetwood Tilden, Esq. began his Central Florida law practice after graduating from law school in 1993. After a career as an Assistant State Attorney prosecuting Central Florida criminal cases, the Law Office of Tilden Law was established. Practicing exclusively Criminal Defense, Mr. Tilden has handled over 5,000 criminal cases.