Florida's implied consent law is one of the most important things every driver in the state should understand. Here is what you need to know about breathalyzer refusals in Florida.
Florida's Implied Consent Law
Under Florida Statute § 316.1932, any person who accepts the privilege of operating a motor vehicle in Florida is deemed to have given their consent to submit to an approved chemical or physical test of their breath, blood, or urine for the purpose of determining the presence of alcohol or controlled substances.
In plain terms: by driving in Florida, you have already agreed to submit to a breathalyzer if lawfully requested by a law enforcement officer.
What Happens If You Refuse?
Refusing a breathalyzer in Florida carries automatic consequences.
- —First refusal: automatic one-year driver's license suspension
- —First refusal: the refusal can be used as evidence against you in court
- —Second or subsequent refusal: automatic 18-month driver's license suspension
- —Second or subsequent refusal: criminal charge of refusing to submit to testing (first-degree misdemeanor)
Should You Refuse?
This is one of the most common questions DUI defense attorneys receive, and the honest answer is: it depends.
Arguments for refusing: without a breathalyzer result, prosecutors have less direct evidence of your BAC, and a skilled DUI attorney may be able to challenge the stop, the field sobriety tests, and other evidence.
Arguments against refusing: the refusal itself is admissible evidence and can suggest consciousness of guilt, you will face an automatic license suspension regardless of whether you are convicted of DUI, and prosecutors can still pursue a DUI conviction based on officer observations, field sobriety tests, and other evidence.
The Bottom Line
There is no universally correct answer. The decision depends on your specific circumstances, your prior driving record, and the strength of the evidence against you. What is clear is that you need an experienced DUI defense attorney as soon as possible after a DUI stop.
If you have been arrested for DUI in Florida, contact Kate A Vincent Law Group PLLC at (786) 709-3423 for a free consultation.
This article is general information about Florida law and is not legal advice. Laws change and every case is different. Speak with an attorney about your specific situation.