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In fact, a breath test is unnecessary for the police to arrest you on suspicion of driving under the influence. Other factors, including the smell of alcohol, reckless driving prior to pulling the driver over, slurred speech, or the driver's behavior, can be a reason for a DUI arrest.
If convicted of DUI, one of the consequences of refusing to take the test can lead to mandatory additional jail time. For a first-time DUI offense, refusal means an extra 48 hours in jail. For a second offense, refusal adds another 96 hours behind bars.
Yes. As BACtrack explains: ?Generally, breath tests are not as accurate as blood tests,? and ?analysis of a blood sample for BAC is generally more accurate than breath and urine tests.? BAC stands for blood alcohol content, so it only makes sense that blood tests are the most accurate way to test someone's BAC.
Differences Between a Breathalyzer and a Blood Test It is uncommon for a breathalyzer to read higher than a blood test. From the above biological process, it is evident that the cell membranes in the stomach absorb most of the alcohol in the blood before it circulates to the respiratory system.
However, there are cases where Florida authorities may detain someone for a DUI even if the individual isn't operating a vehicle at that moment. Charges might be levied without a formal blood alcohol test as well. Despite the scant or missing evidence, the legal system could still aim for a conviction.