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Florida DUI Breath Test Refusal: The Real Consequences Explained
Florida DUI: Understanding the Refusal of a Breath Test
An inside look at what happens when law enforcement reads Florida’s Implied Consent law during a DUI arrest.
When an individual is placed under arrest for driving under the influence (DUI) in Florida, law enforcement officers are required to read the state’s Implied Consent Law before administering chemical tests.
As demonstrated in the video footage from a standard law enforcement encounter, the formal warning highlights strict administrative and criminal penalties for refusing to submit to a lawful breath or urine test.
Key Consequences of a Test Refusal Outlined Under Florida Law
- First-Time Refusal: Driving privileges in the State of Florida will be suspended for a period of one year.
- Subsequent Refusal: Driving privileges will be suspended for a period of 18 months if the license has been previously suspended as a result of a prior refusal.
- Criminal Penalties: A refusal to submit to a lawful test becomes a first-degree misdemeanor if the driver’s driving privilege has been previously suspended as a result of a prior refusal.
- Right to Counsel Clarification: Under the Implied Consent framework read by law enforcement, the standard constitutional right to remain silent or to have a lawyer present before making statements does not apply to the physical execution of approved chemical breath or urine tests.
Video Transcript
My name Deputy St for Hillsborough County Sheriff’s Office. The time is now 20:05 according to my watch. What is your name please? Tell me your address and social security number if you have one.
And your Social Security… You’ve been placed under arrest and charged with driving while impaired. I’m going to read Florida’s implied consent law to you, listen carefully to what I am about to say.
Florida law requires that you take a chemical test to determine the alcohol content of your breath and a urine test for controlled substances. Should you refuse to submit to either or both of these tests, the driving privilege in the state of Florida will be suspended for a period of one year for a first refusal, or for a period of 18 months if your driving privilege has been previously suspended as a result of a refusal to submit to such test or tests.
Additionally, it is a first-degree misdemeanor to refuse to submit to either or both of these tests if your driving privilege has been previously suspended as a result of a prior refusal.
Your right to remain silent has nothing to do with taking the approved chemical tests for the purpose of determining the alcohol and drug content of your breath. Also, your right to have a lawyer present before you make any statement and during any questioning has nothing to do with taking approval tests for the purpose of determining the alcohol and drug content of your breath. Your right not to answer any questions has nothing to do with such approved chemical tests.
Do you understand? What will you take these tests? All right.
Facing a DUI Charge or Breath Test Refusal in Tampa?
Every legal case involves distinct factors. If your driving privileges are at stake due to an implied consent refusal, timely intervention is critical.
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