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.

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