What You Need to Know About Refusing a Breathalyzer or Chemical Test in Florida

Florida has some of the toughest DUI laws in the country, and one key aspect that many drivers are unaware of is the state's Implied Consent Law. This law requires that drivers who are lawfully arrested for a DUI submit to a chemical test, such as a breathalyzer, blood, or urine test. Refusing to submit to these tests can result in severe consequences, both immediate and long-term.

As an experienced Florida DUI defense attorney, I’ve seen how easily a refusal to take a breathalyzer or chemical test can complicate a DUI case. This article aims to explain Florida’s Implied Consent Law, what happens if you refuse a test, and how hiring a private attorney can make a difference in fighting these charges.

What Is Florida's Implied Consent Law?

Florida’s Implied Consent Law is outlined in Florida Statutes Section 316.1932. Essentially, when you obtain a driver's license in Florida, you automatically agree to submit to a chemical test if a law enforcement officer has probable cause to believe you're driving under the influence of alcohol or drugs. This means that the mere act of driving on Florida’s roads means you’ve "impliedly" consented to submit to a breath, blood, or urine test if lawfully requested by an officer.

It’s important to note that the officer must have probable cause to believe you are impaired before they can request a chemical test. Probable cause might be based on erratic driving behavior, the smell of alcohol, slurred speech, or other signs of impairment. If the officer arrests you and asks for a breath, blood, or urine test, you are legally required to comply.

What Happens If You Refuse a Chemical Test in Florida?

If you refuse to submit to a breathalyzer or chemical test after being lawfully arrested for DUI, there are immediate and automatic consequences under Florida law. These penalties are separate from the penalties you might face if convicted of DUI, and they can be quite severe.

  1. Administrative License Suspension: The first consequence of refusing a chemical test is the immediate suspension of your driver's license. For a first refusal, your license will be suspended for one year. If you refuse a second time or have a prior refusal on your record, your license can be suspended for 18 months. These suspensions are administrative in nature, meaning they are imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) independently of any criminal charges.

  2. Use of Refusal as Evidence: Under Florida Statutes Section 316.1932(1)(a), the fact that you refused to submit to a chemical test can be used against you in court. This means that if your DUI case goes to trial, the prosecution can argue that your refusal indicates a consciousness of guilt, making it more challenging to defend against the DUI charge.

  3. Additional Criminal Charges: If this is your second refusal, you could face an additional first-degree misdemeanor charge, punishable by up to one year in jail and a fine of up to $1,000. This charge is separate from the DUI charge itself, which means you could be facing multiple criminal charges for a single incident.

Defenses to DUI Refusal Charges

While refusing a chemical test can complicate your DUI case, there are potential defenses that may help mitigate or fight these charges. Some common defenses include:

  1. No Probable Cause: One of the most effective defenses is challenging whether the officer had probable cause to make the traffic stop or arrest you in the first place. If there was no probable cause, any evidence obtained after the stop, including the refusal, may be inadmissible in court.

  2. Improper Test Procedures: Law enforcement officers are required to follow strict procedures when administering chemical tests. If the officer failed to properly inform you of the consequences of refusing the test, or if there were errors in how the test was requested, this could be grounds for challenging the refusal.

  3. Medical Conditions: There are instances where a medical condition might prevent a person from providing an adequate breath sample or participating in a chemical test. In such cases, demonstrating that your refusal was due to a legitimate medical issue can be a strong defense.

How Hiring a Private Attorney Can Make a Difference

When facing a DUI refusal charge in Florida, having a private attorney by your side can be the key to achieving a favorable outcome. Here's how a private attorney can help:

  • Thorough Investigation: A private attorney will investigate every detail of your case, from the initial traffic stop to the arrest procedures. This includes reviewing dashcam footage, bodycam videos, and police reports to identify any inconsistencies or errors that could work in your favor.

  • Challenging License Suspension: A private attorney can request a formal review hearing with the DHSMV to challenge the administrative license suspension. This must be done within 10 days of your arrest, and it provides an opportunity to contest the suspension before it becomes effective.

  • Negotiating with Prosecutors: Private attorneys often have the experience and negotiation skills to work with prosecutors to reduce charges or reach a plea agreement. This can be particularly valuable if you’re facing additional charges for refusing a chemical test.

  • Customized Defense Strategy: Every DUI refusal case is unique, and a private attorney will develop a defense strategy tailored to the specifics of your situation. Whether it's challenging the legality of the traffic stop, questioning the officer’s actions, or presenting evidence of a medical condition, an attorney will know how to present the strongest defense possible.

The Long-Term Impact of a DUI Refusal Charge

A DUI refusal charge can have serious and long-lasting consequences. Beyond the immediate penalties like license suspension and potential jail time, a conviction can impact many aspects of your life. For example, having a DUI refusal on your record can make it difficult to obtain employment, especially in jobs that require driving. It can also result in significantly higher car insurance premiums, and in some cases, your insurer may cancel your policy altogether.

Moreover, multiple DUI offenses or refusals can lead to even harsher penalties, including mandatory ignition interlock devices, longer license suspensions, and increased fines. Given the high stakes, it’s crucial to have an experienced attorney who can help you navigate the complexities of Florida’s DUI laws and protect your rights.

Challenging the Legality of the Stop and Arrest

One of the most common defenses against a DUI refusal charge is to challenge the legality of the initial traffic stop or arrest. Under the Fourth Amendment, law enforcement officers must have a reasonable suspicion that a driver is impaired before conducting a traffic stop. If the officer did not have a valid reason to stop you, any evidence gathered as a result of that stop, including your refusal to take a chemical test, may be inadmissible in court.

An experienced attorney will examine all aspects of the traffic stop, including the officer’s observations, the administration of field sobriety tests, and whether proper procedures were followed. If there were any violations of your rights, your attorney could file a motion to suppress the evidence, which may result in a dismissal or reduction of charges.

The Role of Implied Consent in Florida's DUI Laws

Florida’s Implied Consent Law is a key component of DUI enforcement, but it doesn’t mean that you have no options if you refuse a chemical test. The law allows officers to request a chemical test, but it also gives you the right to refuse—albeit with consequences. Understanding these rights and how they apply to your situation is essential for building a strong defense.

Hiring a private attorney ensures that you have someone in your corner who understands Florida's DUI laws and can advocate for your rights. Whether it’s challenging the traffic stop, disputing the accuracy of the chemical test, or negotiating a plea deal, a skilled attorney can make a significant difference in the outcome of your case.

Florida Breathalyzer Test Refusal FAQs

What happens if I refuse a breathalyzer test for the first time in Florida?

If you refuse a breathalyzer test for the first time, your driver's license will be suspended for one year. This is an administrative suspension imposed by the Florida Department of Highway Safety and Motor Vehicles. Additionally, your refusal can be used as evidence against you in any subsequent DUI prosecution, potentially making it more challenging to defend against the charges.

Can I challenge the license suspension after a DUI refusal?

Yes, you have the right to request a formal review hearing with the DHSMV to challenge the administrative license suspension. However, you must request this hearing within 10 days of your arrest. An attorney can help you prepare for the hearing, present evidence, and question the arresting officer to fight the suspension.

Is refusing a breathalyzer test a criminal offense in Florida?

Refusing a breathalyzer test is not initially a criminal offense but is treated as an administrative violation. However, if you refuse a second time or have a previous refusal on your record, you can be charged with a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.

Will I face DUI charges if I refuse a breathalyzer test?

Yes, you can still face DUI charges even if you refuse a breathalyzer test. The refusal itself can be used as evidence against you, and the prosecution may rely on other evidence, such as the officer’s observations, field sobriety test results, and witness statements, to build their case.

Can I get my license reinstated after a DUI refusal?

If your license was suspended due to a DUI refusal, you may be eligible for a hardship license, which allows you to drive for essential purposes, such as work or school. To obtain a hardship license, you must complete a DUI school and apply for a hearing with the DHSMV. An attorney can assist you with the process and increase your chances of obtaining a hardship license.

Call Us 24-7, 365 Days A Year For Your FREE Consultation By Calling 1-888-484-5057

If you or someone you know is facing DUI refusal charges in Florida, the consequences can be severe. But with the right legal defense, you can protect your rights and fight for the best possible outcome. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced DUI defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They have 30 office locations and serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.