Don't drink or take drugs before driving.
The Florida Dui law requires the prosecution to prove only that your normal faculties are impaired by alcohol or drugs. It does not require that you be intoxicated or falling down drunk or impaired. Therefore it is much less expensive to take a cab or arrange for a designated driver than being arrested or charged with dui and defending the case.
Consequences for Refusal
Although it is true that if you refuse to take the breath, blood or urine test the state will not have this evidence to use against you, they can argue that the reason you refused is that you knew what the result would be and had a consiousness of guilt that was so overwhelming you would rather give up your privilege to drive rather than take the test. If the DMV upholds the refusal the state will suspend your driver's license for one year if it is your first refusal or eighteen months if it is your second. Also, you would be unable to ask for a work permit for at least 90 days. If you took the test and tested over the legal limit of .08 you could ask for a work permit after 30 days. Getting a work permit requires you enroll in dui school. Lastly, if you have been found to have refused before this refusal can be charged as a seperate crime punishable by up to one year in jail and a 1000 dollar fine.
Increase my odds
Don't refuse and request to be taken for a blood test. The Florida Supreme Court has decided in Unruh v State, 669 So2d 242(fla 1996) that the police if you have the ability to pay for a blood test must take you to get one. You are at this point completely in their custody and if they fail to do so you may have grounds to get your breath test surpressed. If they take you then you will have the benefit of a lab test to compare against the intoxilizer. Also a urine test they give you will only identify what drugs are in your system and not the quantity. A blood test will provide you with the necessary evidence as to what quantity of the chemicals are or whether they are the active ingredient. Refusing to take the tests will not allow you the suppression argument
