Do you have a right to refuse a test for
DUI if the officer asks you? The short answer is technically yes, but refusal
may not be in your best interests. Here’s why:
Florida is an implied consent state, which means that drivers are automatically
assumed to give their consent for blood, breath, or urine tests for DUI.
If a driver is lawfully arrested by an officer who has probable cause
to believe that he or she has been driving while intoxicated, the driver
will be required to submit to testing to check their blood alcohol concentration
(BAC). While the driver may refuse to take the test,
they cannot do so without penalty.
The officer is required to inform the driver that he or she will face a
license suspension for a refusal, and that the refusal may be used as
evidence against them in court. Furthermore, they must also inform the
driver that if he or she has refused a test in the past, a second or subsequent
refusal will result in a misdemeanor charge in addition to license suspension,
which could result in fines, jail time, and other penalties.
The penalties for refusing a BAC test in Florida are:
First offense: One-year license suspension
Second or third offense: 18-month license suspension
While you may have the right to refuse a test, it typically won’t
do anything to help your case. If you have refused a test in the past,
you may still face jail time. Refusal to take the test also does not guarantee
that you won’t be convicted of DUI – in fact, prosecutors
may point to your refusal as evidence that you were intoxicated and that
you refused the test because you knew you were guilty.
Whether you have submitted to a test or not, if you have been accused of
DUI in Florida, you should immediately get in touch with an experienced
attorney who can advocate for your rights and safeguard your future. Our
reputable firm has more than 200 years of combined experience protecting
the rights of the accused. We know what it takes to obtain favorable outcomes
in DUI cases and are prepared to begin investigating your case as soon
as possible. Don’t delay in getting the help you need to potentially
beat your charges!
Contact us today to schedule a free and confidential