Knowing when you can and cannot refuse to take a DUI test is complicated, and the stress of being pulled over and interrogated does not help matters. Generally, you have obligation to acquiesce to a breath test if you are pulled over for legally valid reasons, but some people may refuse this test.
Brevard County DUI Test Refusal Attorneys
If you or a loved one have been charged with refusing a breath test, you need to contact an experienced DUI defense attorney immediately.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
What is a DUI Test Refusal?
- Lawful Arrest: The prosecutor must prove that the person was lawfully arrested based on probable cause that they were driving or in actual physical control of a motor vehicle while under the influence of alcohol or controlled substances.
- Informed of Consequences: It must be shown that the person was informed that refusing to submit to the test would result in the suspension of their driving privileges and, if they had previously refused a similar test, that such refusal could result in a misdemeanor charge.
- Refusal to Submit: The prosecutor must prove that, after being informed of the consequences, the person explicitly refused to submit to the requested chemical test.
Florida’s Implied Consent Law
Florida’s implied consent law states that anyone who drives a vehicle in the state automatically agrees to submit to a chemical or physical test if lawfully arrested for DUI. This includes breath, urine, or blood tests. In DUI cases involving serious injury or death, law enforcement officers may use reasonable force to administer a blood test, even if the driver refuses. This can happen if the officer has a warrant or if there are urgent circumstances that justify taking the test without the driver’s consent.
The law states that the first refusal does not contain a criminal penalty. However, you may face license suspension. Subsequent refusals do result in criminal penalty.
What Are the Penalties for DUI Test Refusal?
| Classification | Penalty |
| First Refusal | License Suspension: 1 year suspension of driving privilege. Criminal Penalty: None. |
| Second or Subsequent Refusal | License Suspension: 18 months suspension of driving privilege. Criminal Penalty: First-degree misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $1,000. |
What Are Potential Alternatives to Jail?
Probation: Individuals convicted of DUI Test Refusal in Florida may be placed on probation. Probation can include conditions like reporting regularly to a probation officer, maintaining employment, and avoiding further legal trouble.
Community Service: Florida law allows for the assignment of community service as part of probation. Individuals may be required to complete a specific number of hours of public service or participate in a community work project. The court may impose a fine in lieu of community service hours if completing such service would cause undue hardship.
Ignition Interlock Device: Depending on the circumstances, the court may order the installation of an ignition interlock device on all vehicles owned or regularly driven by the convicted individual. The individual is responsible for the costs associated with the device, and it must remain installed for a period determined by the court.
Substance Abuse Education and Treatment: The court may require the completion of a DUI program that includes substance abuse education. This may involve attending classes, undergoing an evaluation, and following through with recommended treatment programs. Completion of these requirements is often a condition for reinstating driving privileges.
Participation in a Qualified Sobriety and Drug Monitoring Program: Courts may require participation in a sobriety and drug monitoring program. This program may involve regular alcohol or drug testing, which could include breath testing, continuous alcohol monitoring, or random drug tests. The individual must cover all expenses related to this program.
What Are Possible Defenses in DUI Refusal Cases?
Unlawful Arrest: The person can argue that the arrest was not lawful. For a DUI test refusal to result in penalties, the arrest must be lawful. If the arresting officer did not have a valid reason to make the arrest, any refusal to submit to a test cannot be used against the person.
Failure to Inform of Consequences: The defense may argue that the officer did not properly inform the person of the consequences of refusing the test. The law requires that the person be told that refusing a test will result in a license suspension and potential criminal charges if they have prior refusals. If this warning was not given, the refusal may not hold up in court.
Test Was Not Lawfully Requested: If the officer did not follow proper procedures in requesting the test, such as not ensuring the test was incidental to a lawful arrest, this can be a defense. The officer must request the test following specific legal procedures, and any deviation can be challenged.
Inability to Understand Instructions: If the person did not understand the instructions because of a language barrier or hearing impairment, this could be a defense. The law requires that the person be able to understand what they are being asked to do.
Medical Condition: The person may have a medical condition that makes it impossible to submit to the test. For example, certain respiratory or neurological conditions could prevent a person from being able to perform a breath test.
Test Refusal Not Voluntary: The person might argue that the refusal was not voluntary, such as being coerced or misled by the officer. If the refusal was because of fear, confusion, or incorrect information provided by law enforcement, this can be a defense.
No Actual Refusal: It may be argued that the person did not actually refuse the test. Miscommunication or a misunderstanding between the officer and the person could lead to an incorrect belief that a refusal occurred when it did not.
Unlawful Search and Seizure: If the circumstances surrounding the arrest and test request involved an unlawful search or seizure, the refusal could be contested. Any evidence or actions resulting from an illegal search or seizure might be excluded, including the refusal.
What Can a DUI Attorney Do For Me?
Understanding Your Rights: When you’re accused of refusing a DUI test, it can be overwhelming. A lawyer can explain your rights to you, helping you understand what the charge means and what you’re up against.
Analyzing the Arrest: The circumstances surrounding your arrest are crucial. A lawyer will carefully examine how the police handled your case. They will look into whether the officer had a valid reason to stop you, whether the arrest was lawful, and whether you were properly informed about the consequences of refusing the test.
Challenging the Evidence: In a DUI test refusal case, the evidence against you may include statements from the arresting officer and any observations made during the stop. Your lawyer can challenge this evidence, questioning its accuracy or reliability, which could weaken the prosecution’s case.
Minimizing Penalties: If you are convicted of refusing a DUI test, you could face license suspension, fines, or even jail time. A lawyer can work to reduce these penalties by negotiating with the prosecution or presenting arguments in court that highlight factors in your favor.
Keeping Your License: A DUI test refusal typically results in an automatic license suspension. The driver must request a formal review hearing within 10 days of their arrest. This is critical for challenging the license suspension that comes automatically with refusal. Failure to request this hearing can result in a prolonged suspension without a chance to contest it. A lawyer can help you fight this suspension or seek a temporary permit so you can continue driving while your case is resolved.
Preparing for Court: If your case goes to trial, having a lawyer by your side is important. They will prepare you for what to expect, help you understand the process, and develop a strategy aimed at achieving the best possible outcome.
Frequently Asked Questions
What happens if someone refuses to take a DUI test but then changes their mind later?
Once a person refuses a DUI test, the refusal is typically considered final and cannot be undone by changing their mind later. The refusal itself triggers certain penalties, such as license suspension, and is admissible in court as evidence. Even if the person later agrees to take the test, the initial refusal may still carry legal consequences.
Can a person refuse a DUI test if they believe the officer has no valid reason to arrest them?
While a person can refuse a DUI test, doing so may lead to automatic penalties like license suspension and potentially criminal charges. The validity of the arrest can be challenged in court, but refusing the test at the scene generally triggers immediate legal consequences regardless of the person’s belief about the officer’s justification for the arrest.
Is a refusal to take a DUI test considered an admission of guilt?
No, refusing to take a DUI test is not an admission of guilt. However, the refusal can be used as evidence against the person in a DUI case. The prosecution may argue that the refusal indicates consciousness of guilt, but it does not automatically result in a conviction. The refusal is one factor among others that the court will consider.
Can refusing a DUI test affect future driving privileges even if there is no conviction?
Yes, refusing a DUI test can lead to the suspension of driving privileges even if the person is not convicted of DUI. Florida law imposes a 1-year suspension for a first refusal and an 18-month suspension for subsequent refusals, independent of the outcome of any related criminal case.
Does the refusal to take a DUI test apply to both breath and blood tests equally?
Yes, in Florida, the refusal to submit to a DUI test applies to both breath and blood tests. Refusal to take either test when lawfully requested by an officer can result in license suspension and may be used as evidence in court.
What are the potential long-term effects of refusing a DUI test?
Refusing a DUI test can have several long-term effects, including a permanent mark on the person’s driving record, increased insurance rates, and difficulty obtaining certain jobs that require driving. Additionally, a refusal can lead to harsher penalties if the person is arrested for DUI in the future, as it is considered an aggravating factor in subsequent offenses.
Additional Resources
Florida Statutes Section 316.193 – Florida Statutes Section 316.193 outlines the state’s laws and penalties for driving under the influence (DUI). It defines what constitutes a DUI, the blood alcohol concentration limits, and the various penalties that individuals may face if convicted. Penalties include fines, imprisonment, probation, community service, and the mandatory use of ignition interlock devices for certain offenders.
Florida Statutes Section 316.1932 – Florida Statutes Section 316.1932 establishes the “implied consent” law, where a person consents to submit to breath, urine, or blood tests if legally arrested for a DUI. Refusal to take these tests results in an automatic suspension of the driver’s license and potential criminal charges for repeat offenders. The law also contains requirements for the administration of these tests and the role of law enforcement in the process.
DUI Breath Test Refusal Rates – The DUI Breath Test Refusal Rates report, provided by the Florida Senate, discusses the statistics and implications of motorists refusing breath tests in DUI cases. It highlights the refusal rates over several years and examines the legal and practical consequences of refusal, including the mandatory installation of ignition interlock devices.
Motorists Who Refuse Facing Hardships in Florida – This resource discusses the proposed legislation in Florida that would increase the penalties for motorists who refuse to take a breathalyzer test when suspected of DUI. The proposed changes would require the installation of an ignition interlock device on all vehicles owned or operated by the person who refused the test.
Hire a DUI Test Refusal Lawyer in Brevard County, FL
If you or a loved one have been charged with a DUI test refusal you need to contact an experienced DUI defense attorney immediately.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
