Shopping Product Reviews admin  

The Double-Edged Sword of Refusing to Take a Blood Alcohol Test for a Florida DUI

Many people may not be aware that if they are arrested for driving under the influence (DUI) they have the right to refuse a blood alcohol test. However, Florida is a consent-enforced state. Pursuant to Florida Statute § 316.1932(1), any person operating a motor vehicle in Florida has impliedly consented to chemical testing of their blood, breath, or urine at the request of a law enforcement officer after lawful detention for arrest. for driving under the influence of alcohol or controlled substances.

When a person is pulled over on suspicion of drunk driving, they may be asked to take a breath alcohol test, or as it is commonly known, a breathalyzer. If the breath test registers less than 0.08, the officer may request a chemical test of urine or blood to determine if drugs are in the driver’s system. A BAC chemistry test typically consists of a blood or urine test administered by a medical professional.

The Basics of Refusal to Take a BAC Test in Florida

A person’s refusal to do something usually consists of saying “no.” However, in the state of Florida, there are other forms that may be considered implied negatives. Constructive refusal can be interpreted as:

The driver cannot provide two sufficient breath samples within the statutory post-arrest time period.

If the driver does not specifically say yes or no to a chemical test of blood, breath or urine

If the driver becomes confrontational

If the driver provides breath samples that are not within .02 of each other and then refuses to take a third test or

If the driver takes a breath test once, but does not take a second or subsequent times when requested

In Florida, an arresting officer must inform the driver of Implied Consent Warnings, which warn the driver of the consequences as a result of refusing to submit to the test.

Penalties for Refusal in Florida

Although a person can refuse the test, they can also face heavy penalties as a result of refusing to take the BAC chemical test. These penalties may include the suspension of your driver’s license and driving privileges for up to one year. Pursuant to Florida Statute § 316.1939, if the driver has previously refused to submit to chemical testing and their driver’s license has already been suspended, they may be charged with a first degree misdemeanor.

If a driver of a commercial vehicle is accused of refusing to submit to chemical tests while driving a commercial vehicle, their commercial driver’s license may be suspended for up to one year. During their suspension they are not allowed to apply for a hardship license, which would allow them to drive for work purposes.

What does this mean for a criminal case?

A criminal case for an Orlando DUI offense relies heavily on the results of BAC chemical tests to prove that a driver was in fact under the influence of drugs or alcohol at the time of arrest. If there are no chemical tests as a result of the refusal, there will be no test results. This will force the prosecution to use evidence of chemical test refusals and field sobriety tests as evidence to prove that a driver was definitely intoxicated at the time of arrest, which can be difficult.

Leave A Comment