I cannot recall how many times I’ve been asked, “Lee, should I blow or not?” Our slogan, “Know Before You Blow” was never meant to infer that one should never blow during a DUI investigation. It simply means that everyone should know and understand the consequences of blowing and of not blowing. Let’s take a closer look.
Blowing:
Blowing into the Intoxilyzer machine isn’t always a bad thing. If you blow under a .08, and there’s no evidence of drug use during the investigation, you have increased your chances of a favorable outcome. Or, for those that blow right at the legal limit of a .08, or even slightly above, would also likely receive more favorable outcomes than those who blow much higher. You would also avoid the additional criminal charge for refusing.
Florida recently passed a new bill that now outlaws a refusal to submit to a breath or urine test for first time offenders when requested during a DUI investigation. However, an individual can still refuse testing, albeit with added potential consequences. Blood is a bit different as officers can, in certain situations, obtain a warrant that would override a person’s refusal to submit to blood testing.
Blowing also has some advantages when it comes to the separate, administrative driver’s license suspension. That’s because those who agree to blow and then blow over the legal limit, versus those who refuse, will receive a smaller suspension period. Of course, those who blow under the limit will not receive an administrative suspension of their license.
Not blowing:
There are still some advantages to not blowing. For example, where a person “blows” up the machine with a .25 reading, they are going to struggle in negotiations and stand a lesser chance of avoiding a criminal DUI conviction. Blowing over a .15 is never a good thing. What about the criminal charge for refusing you ask? Good question.
Oftentimes, these lower-level charges are dropped at the conclusion of the DUI case anyway. The refusal charge carries less penalties and is rarely made a part of a person’s permanent criminal record, so the consequences of being charged with refusing are oftentimes somewhat de minimis. Although the refusal charge is not always dropped, it’s still not the “heavyweight” charge that a DUI is.
Refusing a breath test means less evidence the state will have against a person. If a particular case has rather innocuous facts and there is no breath test to rely on, then you might think in terms of getting, in some cases, a better resolution.
The tough part of all of this is that most people who have consumed a few drinks don’t know what their B.A.C. levels are. It’s hard to know. Nothing in this article should be considered legal advice on whether or not to blow. Each case is different and, where possible, it’s best to seek legal advice prior to making this very important decision.
What else can I refuse?
Many people don’t realize that they are not obligated to tell police where they have been or what they have been doing after they are stopped. Know that what you say will be used against you. I did not say “may” or “maybe” — they will be used against you. We’ve all heard the old saying, “Nobody has ever talked their way out of trouble.” I am not saying do not ever talk to the police, I am simply saying that you need to know the consequences of talking.
You also can refuse to take the sobriety exercises. Although that refusal could be admissible in court — that only really matters if your case goes to a jury, which is not the norm. Most cases are resolved during the pretrial phase through negotiations. These exercises can be difficult for some, and many experts will tell you that they do a poor job of determining your ability to drive a car and that they aren’t great at measuring one’s level of impairment either. For more tips on “to blow or not to blow”, visit us at www.knowbeforeyoublow.com.
