If you refuse a DUI test in Florida—whether it’s a breath, blood, or urine test—you face immediate and serious legal consequences under the state’s implied consent law. Here’s a legal breakdown of what happens:
Implied Consent Law in Florida
By driving a motor vehicle in Florida, you automatically consent to chemical testing if a law enforcement officer has probable cause to believe you are under the influence of alcohol or drugs. This is known as the implied consent law, outlined in Florida Statutes § 316.1932 and § 322.2615.
Penalties for Refusing a DUI Test
First Refusal:
Automatic license suspension for one year.
This is an administrative penalty, separate from any criminal DUI charges you may face.
Second or Subsequent Refusals (within a certain timeframe):
License suspension for 18 months.
Possible misdemeanor criminal charge for a second refusal.
Third refusal (within 10 years): Can result in permanent license suspension in some jurisdictions or under certain circumstances.
Administrative Process:
The officer will issue a notice of suspension.
You will receive a temporary permit to drive for 10 days.
You have 10 days from the arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the suspension..
If you do not request a hearing, the suspension takes effect immediately after the 10-day period.
Additional Consequences
Use of Refusal as Evidence: Prosecutors can use your refusal as evidence of consciousness of guilt in court.
Increased Penalties if Convicted of DUI: If you are convicted of DUI after refusing a test, you may face enhanced penalties, such as longer jail time, higher fines, and mandatory DUI school or substance abuse programs.
Limited Driving Privileges: You may be eligible to apply for a hardship license, which allows restricted driving for work or other necessities, but you must go through the proper legal channels.
Defenses and Legal Options
Challenge the Officer’s Probable Cause: You may be able to contest the suspension if the officer lacked probable cause to request the test.
Request a Formal Review Hearing: Within 10 days of arrest, you can request a hearing to challenge the suspension.
Legal Representation: It is highly advisable to consult with a DUI attorney to navigate the process and explore potential defenses.
Summary Table
| Refusal Number | License Suspension | Additional Penalties |
|---|---|---|
| First | 1 year | Administrative only |
| Second | 18 months | Possible misdemeanor charge |
| Third (within 10 years) | Permanent (in some cases) | Enhanced legal consequences |
Key Takeaways
Refusing a DUI test in Florida triggers automatic license suspension.
You have the right to challenge the suspension within 10 days.
Refusal can be used as evidence of guilt in court.
If convicted of DUI after refusal, you face enhanced penalties.
Consulting a DUI attorney is strongly recommended.
Understanding these consequences is crucial if you are ever pulled over for suspected DUI in Florida.
Sources:
- https://www.muscalaw.com/blog/florida-statutes-ss-3222615-implied-consent-refusal-penalties
- https://www.muscalaw.com/blog/floridas-implied-consent-law-consequences-refusing-breathalyzer
- https://www.mcnelislawpa.com/blog/2024/10/how-does-implied-consent-affect-dui-blood-test-refusal-cases/
- https://www.muscalaw.com/blog/can-i-refuse-breathalyzer-test-florida