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DUI Refusal

DUI Refusal | Melbourne DUI Attorney

If you have been arrested for DUI Refusal in Brevard County, Florida, the Melbourne criminal attorneys at The Canina Law Firm represent clients throughout the Brevard County area including Melbourne, Viera, Suntree, West Melbourne, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, and Satellite Beach. Contact us today.

If a law enforcement officer has probable cause to arrest you for DUI in Brevard County, he or she will ask you to submit to a chemical test of your breath, blood, or urine. In many cases involving an accident or involving a driver that is seeking medical attention for injuries, the officer may ask for a blood test. The arresting officer cannot force the driver to take these tests, but they can read the driver the legal consequences of refusing them. These are known as “implied consent” laws. Still, many individuals simply decline the officer’s request to submit to chemical testing. When a person declines chemical testing, prosecutors label these cases “refusal” cases. If you have been charged with DUI after allegedly refusing to submit to a chemical test, contact an experienced Melbourne DUI Attorney to discuss your case.

Types of Refusals in Florida DUI Cases

Refusing to submit to a breath test usually involves the arresting officer asking the person to submit to a breath test, and the person declining by saying, "No thank you, officer." However the arresting officer may allege that your actions constitute a refusal to submit to a breath test under the following circumstances:

  1. You become argumentative/combative to the arresting officer;
  2. You agree to take the breath test, but you are unable to blow enough air into the breathalyzer for the machine to render a reading.
  3. You agree to take the breath test, blow into the machine once, but then fail to blow into the machine a second time.
  4. You refuse to answer yes or no after the officer asks you to submit to a breath test.

Florida’s Implied Consent Warning

For a DUI suspect’s refusal to submit to testing to be admissible at a jury trial, the officer must read the driver Florida’s implied consent warnings. These warnings require that any driver who accepts the privilege of driving a vehicle with the state is deemed to have given consent to submit to an approved chemical test of the driver’s breath, urine, or blood, and that failing to do so could result in an administrative suspension of their driver license for one year for a first offense, and eighteen (18) months for a second or subsequent suspension.

The Consequences of a Refusal

A consequence of refusing to take the chemical test in Florida is that the prosecutor has no direct evidence of blood alcohol level. The downside of refusing is that an automatic one-year suspension of your driving privileges through the DHSMV takes effect, regardless of what happens in the criminal case against you. If you have previously refused a chemical test, then your license will be suspended for 18 months and the DHSMV will not grant you a hardship license for said suspension. However, there are times when an attorney can have the DMV suspension set side. Click here to learn more.

Separate Prosecution for "Refusal to Submit" to DUI Testing

To discourage people from refusing to submit to a chemical test, Florida lawmakers created a separate crime for a second refusal, reasoning that a person could effectively avoid a DUI conviction by simply refusing to take a breath test each time he or she was arrested. Florida Statute Section 316.1939 makes it a separate crime to refuse to submit to a chemical test of the driver’s breath, blood or urine after having previously refused to submit once before. This charge is a first degree misdemeanor and is punishable by up to $1,000 fine and up to 364 days in the county jail. This punishment is in addition to any punishment for the underlying DUI conviction.

The Canina Law Firm | Brevard County DUI Refusal Lawyer

At The Canina Law Firm, our firm sets itself apart from others in the level of personal service we provide to our clients. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed at every step of the way. With over 50 years of combined experience defending DUI cases in Florida, our attorneys will work hard to get you the best result possible! If you have been arrested for DUI with a refusal in Brevard County, FL, start fighting back today! We can help you. Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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