Refusing DUI Breath Tests
Our Tampa Attorney Explains Your Rights
Every citizen has the right to remain silent in order to avoid self-incrimination.
However, during a
DUI arrest, you may not refuse all requests made by a police officer without
suffering penalty. For example, you may refuse to submit to field sobriety
tests without immediate legal recourse, but if you refuse a breath test,
you may not be so lucky.
At Parks & Braxton, PA, we have handled thousands of DUI cases. Many of these cases involve complex legal issues involving DUI arrest
procedure. Unfortunately, many individuals suffer unnecessary punishments
because their DUI arrest was the result of improper police procedure—and
they did not contact a
Tampa DUI lawyer to secure legal protection.
Parks & Braxton, PA has 48+ years of collective experience in DUI defense
and criminal law matters of all kinds.
Contact our firm today for legal guidance in your DUI case!
What happens if I refuse a breath test?
If you refuse a breath test, Florida law allows the police officer to automatically
suspend your driver's license. This is covered in
Florida Statutes § 316.1932, and it is known as the law of implied consent. Implied consent dictates
that any individual who accepts the privilege of driving in the state
of Florida also gives implied consent to a chemical test.
The first offense for breath test refusal is punishable with a one-year
license suspension. Two or more refusals result in an 18-month suspension and
additional penalties, including a potential jail sentence and monetary fines. In light of this,
refusing a breathalyzer test or other chemical test may not be the best
choice in every situation.
After Refusing a Breath Test
If you refused a chemical test, it is imperative that you contact a DUI
lawyer in Tampa. Did the officer follow proper police procedure during
the DUI arrest? An experienced legal professional with working knowledge
of law enforcement procedure can help you determine whether police misconduct
contributed to your DUI arrest. This is especially important when preparing
to defend yourself against a DUI charge in court—you do not deserve
the consequences of a conviction if the evidence against you was improperly
collected or misconstrued.
Automatic Driver's License Suspension
Most individuals who refuse to take a chemical test during a DUI arrest
have their driver's license automatically suspended. These individuals have
10 days to request a hearing with the Florida Department of Motor Vehicles
(DMV) in order to appeal the full suspension. This hearing is separate from the criminal trial, which means that individuals
may have to defend their driving privileges in two separate procedures.
Learn more about how we may help you restore your driver's license
after a suspension.
Fight to Secure a Positive Resolution—888-667-1273
Your DUI arrest does not have to result in a DUI conviction. Even if you
have refused a breath test and had your driver's license suspension,
taking immediate action can work to minimize the penalties and help you
find a solution to your legal issues. At Parks & Braxton, PA, our
Tampa DUI attorneys'
experience as former prosecutors helps us build effective defenses for our clients facing DUI charges. If you are seeking a positive resolution,
schedule a free consultation with us today and find out how we may be able to help you!