Refusal To Submit To Testing
Refusal to Submit to Testing
What happens if I Refused to Take a Breath, Urine, or Blood Test?
After a police officer arrests a driver for DUI, they typically ask him or her to take a breath, blood, or urine test. When the breath test shows the driver has had little or nothing to drink, the officer will typically ask the driver to take a urine test.
Florida’s Implied Consent Law states that any person who drives within the State of Florida is deemed to have impliedly given his or her consent to submit a breath, blood, or urine test if lawfully arrested for DUI. In fact, printed on every Florida Driver’s license, is the statement “Operation of a motor vehicle constitutes consent to any sobriety test required by law.”
If despite the Implied Consent Law, a person refuses to take a breath, blood, or urine test, the Florida DHSMV will suspend the person’s driver’s license for one year for a first refusal, and for 18 months the person has had a prior refusal.
Also, in the case of a second refusal, the State can charge the person with the crime of Refusal To Submit, which is a first-degree misdemeanor, with penalties of up to 1 year in jail or twelve months probation, and a $1,000 fine.
Are you looking for the best DUI lawyer in Tampa Florida? Contact Attorney David C. Hardy.
Tampa Attorney David C. Hardy is a former DUI prosecutor that now represents persons accused of DUI. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of DUI cases.
If you or a loved one has been arrested for DUI in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.