Although a driver can refuse a breath analyzer test, he
should be aware of the ramifications of such refusal. It is a good idea not to
refuse this test. Florida imposes a much longer license suspension for people who
refuse it. In case you face this test, here is a guide on how to take it.
1. Do not
trick the machine. People are made to believe that a breath analyzer machine
can be tricked by putting a coin in your mouth or blowing and stopping or just
pretending to blow. The machines have sensors that can determine whether a
driver taking the test is messing up with it. If you trick the machine, this
could be considered a refusal.
2. Do not hold your breath before you blow into the machine.
If you hold your breath, it warms up in your lungs. You should takes several
deep breaths and let them completely out. This could lower the temperature of
the breath, thus lowering the alcohol content of your breath. Take a normal
breath and do not hold it before you blow into the machine.
3. Blow into the machine normally. Blow steadily.
4. Blow for at least seven seconds then stop blowing. Police
officers conducting the test usually tell you to keep blowing or to blow they
tell you to stop. Their goal is to get the highest possible reading which could
be a result of increased temperature. Over blowing is a tactic they employ to
manipulate test results.
5. Blow again if police officers told you to. Police
officers often get the average of the results, so they may ask you to blow again.
If you refuse to blow, they will note it as a refusal.
6. You must be attentive of the procedures before the test
is conducted. Police officers administering the test should observe you for 15
to 20 minutes to see that nothing goes in your mouth that could contaminate the
test. Pay attention during this time period. Are the police secretly talking to
one another behind your back? Are they talking to somebody on the phone? What
are they doing? Is there a video camera in the room? The criminal defense lawyer
will ask these questions later.
7. It is better to not talk to police officers. There is
nothing you can say that will help your case. Talk to a DUI lawyer as soon as
you can because a lawyer knows how to defend your legal rights and protect your
freedom.
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