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Breath Test Refusal

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 40+ 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!

Obtain Immediate Legal Help

To save your license, you must act within 10 days. Contact a partner about your case by calling 813.708.5388, or fill out the form here.

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