The Consequences of Refusing a Breathalyzer in Florida

You probably know that Florida has an implied consent statute that says anyone who has been licensed to drive on Florida roads has consented to submit to any sobriety test required by law. This includes submitting to a breathalyzer test or other requested chemical testing. But, you may not be aware of the consequences of refusal, the limitations on the obligation to submit to a chemical test, or the possible defenses in a refusal case.

The best source of information about how a breathalyzer test refusal or other refusal may impact you or impact a potential DUI charge is an experienced DUI lawyer in Jacksonville, FL. The information in this post will give you a general understanding of the risks associated with chemical test refusal, why some people refuse the breathalyzer test despite the license suspension, and how a Jacksonville DUI attorney may be able to help.

When Must a Florida Driver Submit to a Breathalyzer or Other Chemical Test?

Though Florida law says everyone who drives in Florida has consented to chemical testing, that consent only applies in certain circumstances. Essentially, the police must have a reasonable basis to believe that the individual they are requesting this sobriety test from is impaired by alcohol, and while in that state, that this person was driving or in actual physical control of a vehicle.

Note that this isn’t a judgment call you should try to make on your own. If you refuse a breathalyzer test, your driver’s license can be automatically suspended for one year or more. However, if the officer did not have a lawful basis to make the stop or there were other legal deficiencies with the case, your Jacksonville defense lawyer may be able to use that both in your DUI defense and to fight your driver’s license suspension.

You Don’t Always Have the Right to Refuse a Chemical Test

In most situations, a driver who is willing to take the consequences of a refusal has that right. However, in some situations, a driver may be forced to submit to a chemical test. When a law enforcement officer has reasonable cause to believe that a person’s operation of a motor vehicle while under the influence of alcohol or drugs caused a serious bodily injury or death, Florida law says the driver shall be required to submit to a blood test. Law enforcement is authorized to use “reasonable force” to compel testing. Blood tests may also be conducted without consent if the driver believed to have been operating under the influence is unconscious and unable to consent.

What Happens When You Refuse a Breathalyzer Test?

For a long time, despite the fact that Florida had an implied consent law, refusal to submit to a breathalyzer or other chemical test was not a criminal offense, provided it was someone’s first time.

However, the law in Florida has changed, and now pursuant to Florida Statute 316,1939, the first time someone refuses to provide a lawfully requested test, they commit a misdemeanor of the second degree. In addition to that, they will also be subjected to a 12-month driver’s license suspension. It is also worth noting that the penalties for criminal refusal are enhanced with subsequent offenses. Thus, the second time a person refuses to provide a lawfully requested sample, they commit a first-degree misdemeanor and receive an 18-month driver’s license suspension.

A Florida driver whose license is suspended for chemical test refusal will also have to wait longer for a hardship license. A driver with a first-offense DUI conviction may be eligible for a restricted driver’s license after just 30 days, while someone whose license is suspended due to a first refusal will have to wait at least 90 days. A driver who refuses the chemical test may also face a $500 fine.

Now it is also worth noting that a driver can be convicted of DUI without a breathalyzer reading or other chemical test as evidence. Likewise, the fact that the driver refused the chemical test can be used as evidence in the DUI case.

Administrative Defenses to Chemical Test Refusal

The driver’s license suspension for refusing a breathalyzer or other chemical test is automatic, but that doesn’t necessarily mean you can’t fight it. An experienced DUI attorney in Jacksonville, FL can explain in greater detail whether you may have grounds for challenging a refusal-related suspension. The grounds for challenging the suspension are limited, and the hearing officer may consider only:

• Whether the law enforcement officer had probable cause to believe the driver was operating under the influence,
• Whether the officer requested that the driver submit to chemical testing and the driver refused, and
• Whether the officer properly advised the driver that their license would be suspended if they refused

Time to request a review of the suspension is extremely limited, so it’s important to talk to an experienced Jacksonville DUI attorney immediately after a chemical test refusal.

Jacksonville DUI Lawyers

If you’ve refused a chemical test or been charged with DUI or both, finding the right Jacksonville DUI lawyer can make all the difference. You may need to act very quickly, so don’t delay getting help. Defense attorney Matthew Lufrano has dedicated his career to helping people who have been charged with crimes in Jacksonville and throughout Northeast Florida. You can schedule a free consultation right now by calling (904) 513-3905 or filling out our contact form.