LEGAL GUIDE
Written by attorney Spencer Alan Cordell | Jan 17, 2011

Should I blow if I'm arrested for DUI?

First of all, don't drink and drive. The legal limit in Florida is .08, which is a low enough number that some people may not notice the effects of alcohol. The legal limit is not based on how alcohol affects an individual. 2 drinks can put somebody over the limit depending on physiological factors such as the rate one's body processes.

In Florida, a cop can arrest somebody is he has probable cause to think that their normal faculties are impaired by alcohol. So a Florida driver will ALREADY BE UNDER ARREST if a cop is asking them to blow. It is too late to avoid going to jail, even if the blow turns out to be under the legal limit! And there is substantial evidence that the

A refusal can be used against someone if the cops ask them to submit to a blow (or blood or urine test) if the request is pursuant to a lawful arrest. It looks bad in court, but not as bad as someone who blows well over the limit. Conversely, a blow under the limit can help defeat the officer's belief that the driver is impaired (as it did for Tampa Bay Buccaneer receiver Mike Williams, below).

Your driver's license will be suspended for up to a year for a first refusal. If you do blow, and blow over .08, your license will be suspended for 6 months, anyway.

Each circumstance is different. Aggressive cops have been shown to have erroneously arrest people when the blows came back under the limit! But more times than not, people will blow high- most people don't realize how few drinks it takes to get over the limit. Remember, the safest thing to do is not drink and drive- you will already be in jail by the time you have to make a decision whether to blow.

And if you've ever been arrested for DUI before, don't even think about a drink before you get behind the wheel. If you refuse to blow a second time, that is an additional crime for Refusal!

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