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Breath Test Refusal & DUI

Orlando DUI Defense Attorney

When a driver is arrested for DUI in Orlando, Florida, law enforcement will request that he or she submit to a breath or blood test to determine his or her blood alcohol concentration (BAC). This test is actually mandatory, and refusing a breath test may result in a driver facing license suspension. If you have previously refused a breath test or blood test, you may face criminal charges and the possibility of imprisonment as well as license suspension. Whether this is your first alleged refusal or if you have prior convictions for breath test refusals, it is important to consult an attorney who can help you challenge these allegations.

There are several different factors that may come into play and result in an officer alleging that you have refused a breath test, even when you did not outright refuse. This may include:

  • Agreeing to take a breath test but not blowing enough air into the machine.
  • Arguing, disagreeing with or questioning the officer about the test.
  • Not answering "yes" or "no" when asked to submit to a breath test.

Defense for Breath Test Refusal Charges in Orlando, FL

In building a defense to breath test refusal charges, your Orlando DUI defense lawyer may employ different strategies. This may include questioning the officer's testimony about your refusal and bringing to light the fact that you did not actually refuse the test. By fully investigating your case and working to protect your legal rights, your attorney may be able to assist you in effectively avoiding a conviction and license suspension for a breath test refusal.

At Rivas Law Firm, P.A. we represent our clients in criminal court and at their DMV hearings in regard to their DUI charges and breath test refusal allegations. To learn more about how we can help you, contact an Orlando DUI lawyer at or offices today.