Do I have to blow for a DUI stop??

November 04, 2016

In Florida, anyone who accepts the privilege of driving (issued a driver license), is presumed to have given their consent to submit to a lawful request to provide breath, blood, or urine for the purpose of determining your blood alcohol content or the presence of chemical or controlled substances (DUI)[section 316.1932 Florida Statutes].

The penalties for refusing to submit to a breath, blood, or urine test upon lawful arrest are as follows…

  • First Refusal: One year driver’s license suspension;
  • Second Refusal: 18 month driver’s license suspension, is also deemed a first degree misdemeanor, punishable by up to 1 year in jail or 12 months of probation, a $1,000 fine, AND may be used against you in trial.

There ARE several ways to challenge a DUI arrest that results from a refusal to submit to a breath, blood, or urine test.  Some examples of such are…

  • You did not actually refuse,
  • If you gave consent after being threatened or otherwise pressured,
  • Lack of reasonable suspicion or probable cause for a traffic stop,
  • No probable cause that you were driving or in “actual physical control” of the vehicle, and
  • The police are required to give you a proper warning.

The consequences for a DUI arrest are serious.  If you refuse to provide breath, blood, or urine, you should immediately contact a criminal defense attorney who is well versed in DUI defense.  If you have questions, even if you are at the scene and contemplating whether to submit to testing, call The Law Office of Robert Eckard & Associates to speak with one of our experienced DUI attorney’s, your license and livelihood may very well depend on it!

If you have questions regarding your specific case, call us today for a consultation.

Darrin Johnson is an associate with the Law Office of Robert Eckard & Associates. Darrin’s practice areas include criminal defense and business litigation.

The Law Office of Robert Eckard & Associates (LORE) has not been retained for any matter by you until such time as a duly executed retainer is signed by you and an authorized agent of LORE and any retainer deposit paid and returned to us.  Nothing contained herein is intended to create an attorney client relationship or be considered legal advice, as such, no conflict of interest shall be presumed in the event LORE is later retained by an adverse party.  See Rule 4-1.18 et. al., 2006 Florida Supreme Court.

Our Testimonials

What Our Clients Say

Drew was excellent. Did what we needed to do. Was very professional and is a class act.

I wanted to thank you for supporting and believing in me all these years, Robert! You have definitely been an inspiration in my life and I appreciate you so very much!

Rob, I cant thank you enough for putting my mind at ease & taking time out of your day to handle my ticket. You’re a boss!

Positive: Professionalism, Responsiveness Mr Eckard and his staff swiftly resolved my issue without much back and forth and was communicating with me throughout the entire process. I was not sure what to expect as I never needed services but the outcome was great. More importantly the treatment and communication was exceptional-I would have no reservation to use this office in the future!

Positive: Professionalism, Quality, Responsiveness Drew Patterson was always available when I needed a consult and anything I needed and also very prompt with answers to all my questions. I would use them again for any legal issues. Thank drew for all you have done for me and my practice

view all testimonials
Stay Connected

Get Updates About Our Firm

Our Attorneys encourage client input to customize a strategy to provide the legal services you deserve. We provide experienced representation for those in Florida and now Texas.