Refusing a Chemical Test in Florida Can Have Serious Consequences.

Here's What You Need to Know and Why You Need an Experienced Attorney on Your Side.

When you're pulled over under suspicion of driving under the influence (DUI) in Florida, the officer will likely ask you to submit to a chemical test — typically a breath, blood, or urine test — to measure your level of alcohol or drugs. If you refuse to take the test, you might assume you're avoiding trouble, but the reality is that refusing a chemical test can have serious consequences for your driving privileges in Florida.

The Florida Implied Consent Law and other statutes outline what happens when you refuse a chemical test, and these laws are important to understand if you want to protect your rights and your future.

Let me walk you through exactly what happens when you refuse a chemical test, the statutory consequences, the defenses that may apply, and why hiring a private attorney is critical to your case. I'll also share a real-life case where I was able to successfully defend a client in a similar situation.

The Florida Implied Consent Law – What You Need to Know

Florida's Implied Consent Law is found in Florida Statutes § 316.1932. By driving in Florida, you've already consented to submit to a chemical test if an officer has probable cause to suspect you've been driving under the influence. This means that when you get behind the wheel in Florida, you've implicitly agreed to take a chemical test if requested.

Here's the relevant statute:

Florida Statutes § 316.1932(1):

"A person who accepts the privilege of operating a motor vehicle within this state is deemed to have given consent... to submit to a test of the person's breath, urine, or blood for the purpose of determining the alcohol content or presence of drugs."

If you refuse to take a test, Florida law automatically imposes penalties, even before your DUI case is decided. The penalties for refusing a chemical test in Florida are strict and can significantly affect your driving privileges.

What Happens if You Refuse a Chemical Test?

Under Florida Statutes § 316.1939, refusing to submit to a chemical test can lead to:

  • Automatic driver's license suspension: A one-year suspension for a first offense of refusal, and 18 months if you've refused in the past (second offense).
  • Increased penalties if convicted of DUI: If you're eventually convicted of DUI, refusing the test can result in higher fines, longer license suspensions, and possibly mandatory community service or jail time.
  • No presumption of innocence: In a DUI case, the refusal to take a chemical test can be used against you in court. The prosecution may argue that your refusal implies you were trying to hide impairment.

So, although it may seem like avoiding the test could help you, it can actually make things worse for you in the long run, particularly when it comes to losing your driving privileges.

The Consequences of Refusing a Chemical Test

Here's a breakdown of how refusing the chemical test can affect your driving privileges:

  • First Refusal: If this is your first refusal, Florida law mandates a 12-month driver's license suspension under § 316.1939(1). This suspension is automatic and occurs without a trial or court hearing.
  • Second or Subsequent Refusal: If you've previously refused a test, the consequences are even more severe. The suspension increases to 18 months under § 316.1939(2).
  • No Driving During Suspension: During your suspension, you're not allowed to drive at all. However, you may be eligible for a hardship license after a period of time, but you'll need to prove hardship before a judge.

These penalties are significant. They can disrupt your daily life, affect your employment, and add unnecessary complications to your case. That's why it's important to work with a private attorney who understands the nuances of Florida DUI law and the options available to fight a refusal suspension.

Defenses to Chemical Test Refusal Consequences

While Florida's Implied Consent Law is clear about the penalties for refusing a chemical test, certain defenses may apply depending on the circumstances. Here are a few defenses that may work in your favor:

  1. No Probable Cause for Arrest:
  2. An officer can only request a chemical test if they have probable cause to believe you were driving under the influence. If there was no valid reason for the arrest, your refusal shouldn't result in a suspension. For example, if the officer did not observe your driving behavior closely enough or did not have a clear reason to believe you were impaired, we can argue that the arrest was not legally justified.
  3. You Were Not Properly Informed of the Consequences:
  4. Under Florida Statutes § 316.1932, before requesting a chemical test, the officer must inform you of the consequences of refusal. If the officer failed to properly inform you, we may be able to challenge the suspension.
  5. You Were Physically Unable to Take the Test:
  6. If there was a medical emergency or some physical condition that made it impossible for you to take the test (e.g., you were unconscious or seriously injured), we can argue that you were unable to comply with the request for a test.
  7. Coercion or Intimidation:
  8. If you were coerced into refusing the test under duress or intimidation by law enforcement, this could be grounds for contesting the refusal penalties.
  9. Improper Procedure During the Refusal:
  10. There are very specific procedures police must follow when requesting a chemical test. If those procedures were not followed—whether through lack of documentation, improper questioning, or incorrect handling of evidence—it could affect the validity of the suspension.

Why You Need an Attorney

Refusing a chemical test is a significant legal decision, and the consequences can be severe, especially for repeat offenders. A private attorney can make all the difference when it comes to defending your rights and your driving privileges.

Here's why:

  • Expert Knowledge of DUI Law: An experienced attorney understands the complexities of Florida DUI law. They know how to challenge the officer's actions, question the legality of the arrest, and identify any violations of your rights.
  • Challenging the Suspension: A lawyer can challenge the automatic suspension of your driver's license. I've helped many clients win administrative hearings and avoid long-term suspensions by presenting strong arguments and evidence.
  • Reducing Penalties: If you're facing suspension for refusing a test, a lawyer can work to reduce the length of the suspension, help you qualify for a hardship license, or even negotiate a settlement that includes reduced charges.
  • Avoiding Conviction: A lawyer will fight to dismiss the case entirely. In some situations, it may be possible to reduce or eliminate the charges, especially if the police do not follow proper procedures.

Real-Life Example of a Case I Won

I had a client who was pulled over for speeding late at night in Miami. The officer suspected DUI and requested a chemical test. My client, thinking he was protecting himself, refused to take the test. As a result, his license was automatically suspended for 12 months.

However, upon reviewing the case, I noticed that the officer never explained the consequences of refusal in detail, as required by § 316.1932. In addition, I discovered that the officer had failed to observe my client's driving behavior closely enough to establish probable cause for the arrest.

I fought the suspension in an administrative hearing and was able to prove that the arrest was unjustified. The judge agreed with our argument and reversed the suspension. My client was able to keep his driving privileges, avoiding a year without a license.

Refusing a chemical test may seem like the best way to avoid a DUI conviction, but in Florida, it can come with severe penalties. You face automatic license suspension, increased penalties if convicted, and potentially higher fines and longer suspensions if it's a repeat offense.

If you're facing these consequences, don't do it alone. Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation – Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Chemical Test Refusal and DUI Consequences in Florida

What happens to my driver's license if I refuse a chemical test in Florida?

If you refuse the chemical test, your license will be automatically suspended for 12 months for a first offense or 18 months if it's a second refusal. There is no need for a trial to impose this suspension—it happens right away. You may be eligible for a hardship license, but you'll need to apply for one.

Can I be arrested for DUI if I refuse the chemical test?

Yes, refusing a chemical test can still lead to DUI charges. In some cases, the officer may have other evidence to charge you with DUI, like field sobriety tests, witness testimony, or physical signs of impairment.

What happens if I later decide to take the chemical test after refusing?

Once you've refused, it's too late to change your mind. The law treats your refusal as a clear decision not to cooperate, and the consequences will still apply.

Can a DUI conviction be avoided if I refused a chemical test?

It depends on the circumstances. A refusal complicates your defense but does not automatically guarantee a conviction. An experienced DUI attorney can challenge the arrest and the refusal penalties.

Can I contest the refusal penalty?

Yes. You can contest the suspension of your license in an administrative hearing. If you have valid defenses, such as improper procedure or lack of probable cause for the arrest, an attorney can help you get the suspension reduced or reversed.

How can a private attorney help me after a chemical test refusal?

A private attorney can contest the suspension, ensure you are properly informed about the consequences of refusal, and fight for the best possible outcome in your DUI case.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you're facing these consequences, don't do it alone. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.