Legal Question in DUI Law in Florida

You can ask different lawyers and get different opinions. However, in some ways you are right in that they have less evidence but the state also can argue that you are presumed intoxicated because you refused the breath test. That can be rebutted but again there are pros and cons. Best advice is not to get into that situation, but if you are in doubt about your intoxication level, then you may want to refuse the test as the machines are not always accurate. However, if you feel "close" to passing the breath test then it may be better to take the test because the license suspension is not that harsh. Furthermore, under present Florida law, you can only refuse once, or else you face an additional criminal charge.