10 Oct 2016

Do I Have a Right to Refuse a DUI Test in Florida?

Posted By Darrigo, Diaz & Jimenez

Refusing a DUI test

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 consultation.

Categories: Criminal Defense, DUI
Back to Blog


Call now, or complete the form below to request a free consultation.