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Do I Have the Right to Refuse a Breathalyzer Test?

Florida's Implied Consent Law

Section 316.1932 of Florida's Implied Consent Law states that if a resident of Florida accepts the privilege of driving a motor vehicle in the state, they consent to allow breath or urine to be tested when asked by a law enforcement officer. The purpose of the test is to determine the blood alcohol content of the individual.

This means that you technically, by law, cannot refuse a breathalyzer test and may be subject to some steep consequences if you refuse when pulled over. However, the arresting officer needs to provide both orally and in writing the Implied Consent Law.

Consequences of Refusing the Urine or Breath Test

The consequences of refusing the urine or breath test include the following:

  • A one-year suspension of your driver's license for the first refusal.

  • A suspension of your driver's license for 18 months for the second refusal.

  • A fine up to $10,000 for the second refusal.

  • Up to 12 months in jail or 12-month probation for the second refusal.

  • A first-degree misdemeanor charge for the second refusal.

What to Do If Arrested for DUI

If you were arrested on DUI charges in Florida, your next action is to contact a Miami criminal defense attorney today. We can help you fight these DUI charges if the officer didn't read the implied consent law to you.

The officer is required to read this after you let him or her know that you will not be taking the test. If this is not what happened, we can inform the court, and the court may suppress the charges. It's also possible that the court could refuse to allow the prosecution to state that you refused the test.

Contact Hager & Schwartz, P.A. for a Consultation

The consequences you are facing can affect you negatively for a long time, so make sure that you contact a Miami criminal defense attorney at the law office of Hager & Schwartz, P.A.. Our attorneys are available days, nights, and weekends to protect your rights and gain the best possible outcome.

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