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Understanding the Penalties for Refusing Implied Consent

By Hager & Schwartz, P.A.

January 4, 2017

In the state of Florida, Section 316.1932, which is commonly referred to as Florida’s Implied Consent Law, explains that any person who accepts the privilege to drive in Florida gives his or her consent to submit to breath or urine tests (those which are lawful) to determine his or her blood or breath alcohol content. Additionally, these tests can be utilized to determine the presence of a drug or other chemical substance if that person is arrested for driving while impaired.

Failure to abide by the implied consent law can lead a driver to face serious penalties such as the following:

First Refusal:

  • Driver’s license suspension for one year

Second Refusal:

  • Driver’s license suspension for 18 months
  • 1st-degree misdemeanor
  • Jail sentence for up to one year or one-year probation sentence
  • Fines up to $1,000

Of course, if a driver refuses a breath or urine test during a DUI arrest and the driver is convicted, he or she can face serious, life-altering consequences such as:

  • Difficulty retaining employment
  • Difficulty renting a vehicle
  • Difficult renting a place to living

Because DUI convictions and the refusal of breath and urine tests have the ability to alter a person’s life, it is crucial that persons arrested for DUI contact experienced legal representation right away. A skilled lawyer can gather evidence and work diligently to protect a driver’s rights and future.

If you or someone you love was arrested for DUI or has refused a breath or urine test during a DUI arrest, get in touch with Miami DUI defense lawyers at Hager & Schwartz, P.A. right away. We are available 24 hours a day, 7 days a week!