DUI Refusal

 DUI REFUSAL

You have the right to refuse to take a breath- or blood-alcohol content (BAC) test.  However, contrary to popular belief, you can be charged and convicted of the crime of DUI even if you choose not to take a breath, blood or urine test.  If you are stopped for DUI and police ask you to take a breath test, prosecutors for the State of Florida will use the fact that you refused to submit to a test as evidence against you at trial.  You need an experienced DUI defense attorney on your side to protect your rights at each stage of DUI proceedings.

Refusal to submit to BAC testing comes with its own serious consequences.  Your driver's license will be suspended.  However, the length of the suspension is based on whether your license was previously suspended for refusal to submit to a breath, blood or urine test.  In fact, under Florida law, if you previously refused to submit to testing, the State (prosecution) can charge you with the additional crime of Refusal to Submit to Testing under Florida Statute §316.1939.  The crime of Refusal to Submit to Testing is a first-degree misdemeanor punishable by a term of up to one year in county jail.  The penalties for Refusal to Submit to Testing are additional to the penalties for DUI.  This means that if you are charged with both DUI and Refusal to Submit to Testing, you face significant jail time.

Implied Consent

You may wonder how you can commit a crime simply by choosing not to take a breath- or blood-alcohol test.  The answer is simple.  Under Florida law, "operation of a motor vehicle constitutes consent to any sobriety test required by law."  This law is commonly known as implied consent.  Implied consent simply means that by signing your driver's license and driving a vehicle in Florida, you have agreed to submit to any sobriety test requested by law enforcement officers.

DUI Refusal Penalties

If you are arrested for DUI and you refused to take a test to determine the alcohol content in your breath, blood or urine, you face the standard DUI penalties as well as the following additional penalties.

Hire an Experienced Florida DUI Attorney

The DUI defense attorneys at Musca Law will work as a team to evaluate and devise an effective defense for your case.  For more information on DUI Refusal or the crime of Refusal to Submit to Testing, or if you were arrested for DUI and you refused to submit to BAC testing, please schedule a free, confidential consultation with an experienced Musca Law DUI Jacksonville lawyer.  Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).