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We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

Can a penny help you avoid a DUI charge?

As you probably know, law enforcement agencies in Florida consider driving under the influence of alcohol to be no laughing matter. This attitude is consistent with state law. In fact, according to the Florida Department of Highway Safety and Motor Vehicles, a DUI conviction carries with it some of the country’s toughest consequences.

By driving in Florida, you have already consented to give a sample of your breath for chemical testing when officers suspect you may have a blood alcohol concentration above the legal limit. Can putting a penny in your mouth help you pass a breath test you otherwise would have failed, though?

You cannot fool the test

As you probably know, pennies are filthy. Therefore, you should always think twice before putting any piece of currency into your mouth. If you are trying to fool a breath test, sucking on a penny simply will not work.

Indeed, rather than interfering with the results of the test, having a penny in your mouth is likely to raise the officer’s suspicions. Even worse, you may choke on the penny, potentially putting your life in grave danger.

You can refuse

If you believe you are likely to blow hot, you have a right to refuse to take the breath test. That is, an officer cannot force you to blow into the testing device. If you refuse, though, you are apt to encounter some stiff penalties, including the loss of your driving privileges.

Whether you are facing DUI charges or only the loss of your driver’s license, you should not take your situation lightly. Ultimately, because you probably have some ways for minimizing your legal exposure, you want to understand all your options as soon as possible.


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We’re conveniently located in downtown Fort Myers, just one block from the federal and state courthouses.