In Florida, a DUI refusal occurs when a driver lawfully arrested for driving under the influence (DUI) refuses to submit to a chemical test, such as a breath, blood, or urine test, when requested by law enforcement. This refusal has significant legal implications under Florida law. We have represented individuals charged with DUI Refusal for over 20 years.  

​

Legal Framework for DUI Refusal in Florida

​

1. Implied Consent Law

​

Florida’s  Implied Consent Law: (Florida Statutes § 316.1932) mandates that any person driving or in actual physical control of a motor vehicle in Florida is deemed to have consented to chemical testing of their breath, blood, or urine if lawfully arrested for DUI. By driving in Florida, you implicitly agree to submit to these tests if requested by law enforcement officers.

​

2. Refusal Consequences

​

Administrative Penalties:

Driver’s License Suspension: If a driver refuses to submit to a breath, blood, or urine test, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will typically impose an administrative suspension of the driver’s license. The length of the suspension depends on whether it is a first or subsequent refusal:

First Refusal: A one-year suspension of the driver’s license.

Subsequent Refusals: A longer suspension, typically up to 18 months, depending on prior refusals.

​

Criminal Penalties:

Enhanced Penalties: While refusal itself is not a criminal offense, it can lead to enhanced penalties if the driver is later convicted of DUI. For example, refusal can be considered an aggravating factor and result in harsher sentencing.

​

Admissibility in Court:

Evidence in DUI Trial: Refusal to take a chemical test can be used against the defendant in a DUI trial. The prosecution may argue that the refusal indicates consciousness of guilt or an attempt to hide intoxication.

​

3. Challenging DUI Refusal

​

Administrative Hearings:

Hearing to Contest Suspension: After a DUI arrest and refusal, the driver can request an administrative hearing to contest the license suspension. This hearing must be requested within 10 days of the suspension. The driver can challenge the legality of the stop, the arrest, or the refusal itself during this hearing.

​

Legal Grounds for Refusal:

Constitutional Rights: We often argue that the refusal was based on valid constitutional or legal reasons. For example, if the arresting officer did not have probable cause to arrest or if the driver was not properly informed of the consequences of refusal, it might impact the administrative penalties.

 

Medical or Practical Reasons:

Medical Conditions: If the refusal was due to a medical condition or practical issue (such as inability to provide a breath sample), this can be used as part of our defense.

Accuracy of Tests: We might also challenge the reliability or accuracy of the tests that were refused, arguing that the refusal was based on reasonable doubts about the tests' validity.

 

4. Legal Representation

​

Hire an Attorney:

Expert Legal Advice: It's crucial to consult with an experienced DUI attorney if you face DUI charges and a refusal suspension. We can provide guidance on the best strategy for contesting the suspension, preparing for trial, and minimizing penalties.

​

Representation at Administrative Hearing:

Defending the Refusal: We can represent you at the administrative hearing, challenge the suspension, and present evidence or arguments to mitigate the administrative consequences.

​

Conclusion

​

DUI refusal in Florida involves refusing to submit to chemical testing when lawfully requested by law enforcement during a DUI investigation. This refusal leads to significant administrative and potentially enhanced criminal penalties. To effectively address a DUI refusal, it is essential to understand the legal implications and consult with a knowledgeable DUI attorney to navigate the legal process, contest any administrative penalties, and defend against potential criminal charges.