How Refusing a Breath or Blood Test May Affect Your Florida DUI Case

Since the new DUI refusal law took effect in October of last year, there have been many questions about the implications of a DUI test refusal. One of the most frequently asked questions is ‘Can refusing a breath or blood test make your Florida DUI worse?’

The answer is, of course, somewhat complicated. However, the short answer is yes. A refusal is not only a criminal offense in Florida now, but it can also worsen your legal circumstances.

Florida and DUI Refusal

All 50 states have adopted the implied consent law, which, for drivers, is a condition of the privilege given to them when they received their Florida state driver’s license. The condition is that if you are pulled over and arrested for DUI, you have already given your consent to a breathalyzer or another alcohol toxicity test, just by starting the ignition of your car accident.

Prior to the new Florida DUI laws, if you refused to take the test at the time of your arrest, you automatically forfeited your driver’s license for suspension. This administrative penalty was the only consequence of a refusal.

Now, under the new Florida Statute 316.1932, if you refuse to take an alcohol impairment test, by blood, breath, or urine, you can receive a criminal charge for a second-degree misdemeanor if it’s your first refusal.

If it’s your second refusal, you can be charged with a first-degree misdemeanor. Keep in mind that these charges are not instead of a DUI, but rather in addition to DUI charges.

Some judges take a refusal to test as evidence that a defendant was, in fact, under the influence. Furthermore, at the time of refusal, the law enforcement officer is required to inform the individual who is refusing the test that their refusal can be used as evidence against them in criminal proceedings.

Florida Refusal Penalties

Florida statutes define the penalties for a second-degree misdemeanor, which is the charge for a first refusal, as one year of suspended driving privileges, up to 60 days in jail, and a fine of up to $500. A conviction of a second-offense refusal in Florida can result in a sentence of up to one year in jail, a fine of up to $1,000, and the loss of driving privileges for 18 months.

Can Refusing a Breath or Blood Test Make Your Florida DUI Worse?

Refusing a breath or blood test can also make your DUI worse in the long run because:

• Refusal adds either a second-degree or a first-degree criminal misdemeanor charge to your DUI case.
• Refusal can add additional jail time, fees, and license suspension time to your potential DUI sentence. It can also add length to your case and cost you more in DUI lawyer fees.
• Refusal can be used against you in criminal proceedings, thus strengthening the prosecution’s case against you and making it harder to build a viable defense.
• Many prosecutors use the argument that refusal is an indirect admission of guilt.
• The administrative suspension of your license is separate from the criminal suspension, so it can complicate driving privileges and reinstatement later on.

Why Choose Us?

When you choose Paul Figueroa Law for your DUI case, you’re already ahead of the curve. We are on top of the new Florida DUI laws and have already strategized potential criminal defense strategies for our clients.

The sooner we have insight into your case, the more time we have to collect evidence and evaluate the details of your DUI case. Our firm has a leading DUI defense team in Florida. We have the resources you need to improve your case outcome.

FAQs

What Happens if You Refuse to Take a Blood, Urine, or Breath Test in Florida?

If you refuse to take a blood, urine, or breath test in Florida following a DUI arrest, you could face criminal charges. In Florida, a refusal is a second-degree misdemeanor. The penalties for a conviction of this degree include jail time, fines, and license suspension. Under recently enacted new Florida DUI laws, a refusal can significantly worsen a DUI case.

Is Refusing a Breathalyzer Worse than DUI?

Refusing a breathalyzer in certain ways can be worse than a DUI in that it adds charges to your DUI case. It can also potentially increase penalties, such as jail time, fines, and license suspension.

Refusing a breathalyzer in Florida does not make a DUI case easier or improve your chances for a favorable outcome. If you are being asked to take a breathalyzer test, the officer likely has a suspicion that you are driving under the influence.

What Is the New DUI Refusal Law in Florida?

The new DUI refusal law in Florida makes it a criminal offense to refuse a breathalyzer test at the time of a DUI arrest. This new law is also referred to as Trenton’s Law. In 2023, 18-year-old Trenton Stewart was killed by a drunk driver on Old St. Augustine Road in Jacksonville, Florida. He was the second victim killed by the same drunk driver. The new law aims to discourage refusal and increase penalties for repeat refusals.

What Happens if You Refuse a DUI Blood Test?

If you refuse a DUI blood test after being arrested for DUI, your license can be suspended automatically for up to one year. In Florida, refusing to take a blood, urine, or breath test to determine alcohol impairment can result in a criminal charge. A first offense can result in up to 60 days in jail, a $500 fine, and up to a year without driving privileges. Administrative penalties through the Florida DMV are also imposed.

Secure a Florida DUI Lawyer Who Is Up-to-Date on the New Refusal Laws

The legal team at Paul Figueroa Law is already familiar with the new Florida DUI refusal laws and their implications for DUI cases. If you refused to test after a DUI arrest, contact our office to discuss your DUI case.

There is a lot at stake, and we can help. Our resources and legal experience are unmatched in Florida. Let us put our efforts toward improving your case’s outcome.