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Florida DUI: Refusal to Take a Blood, Breath or Urine Test
18 month license suspension
In Florida, you will lose your license for one year for your first refusal. For your second and any subsequent refusal, your license will be suspended for 18 months and you will face the additional consequences, such as time in jail, that come with committing a misdemeanor.
In most situations, if you refuse to take a mandatory blood, breath, or urine test, you cannot be forced to do so. However, the state may administer the test if you are unconscious, even if you haven’t yet been arrested. Also, if you find yourself in a situation where an officer arrests you for a DUI but hasn’t given you a test, then Florida law says that you can ask for one. Once you ask, the officer has to give you a test.
The penalties for refusing to submit to a chemical test are found in the Florida Statutes Annotated 316.1932 and 775.082.
Should You Refuse to Take a Mandatory DUI Test in Florida?
It usually does not help you to refuse to take a blood, breath, or urine test when you are arrested for a DUI. In Florida, the consequences for refusal are milder than those for a DUI, but you could still go to jail if you have refused to take a test more than once. If you are convicted of a DUI, then you face hefty fines, jail time, and perhaps installation of an ignition interlock device on your car. Refusing the test does not guarantee that you won’t be convicted – you can still be found guilty of a DUI even if your refusal means that the state does not have proof that your BAC was over.08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DUI.
(Check out our blood alcohol content chart for an estimate of how many drinks it takes to get to the legal limit.)
Get Help With Your DUI
If you have been arrested on a DUI charge in Florida or any other state, get help from an experienced DUI attorney. Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for a DUI has serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DUI. To avoid or reduce the consequences, your best bet is to find an attorney who is knowledgeable about your state’s laws and about how the system works in your county’s court.
Follow the links below for more information concerning DUI laws in Florida.