What happens if you refuse breathalyzer and chemical testing in Florida?


When is the refusal to submit to chemical or physical testing for DUI purposes subject to penalties under Florida law?



Pursuant Florida Statutes section 316.1939, dui florida penalties may be imposed on an individual (1) who refuses to undergo a physical or chemical test of his urine, blood, or breath, (2) whose driving privilege was suspended in the past for refusing to submit to the test, (3) who law enforcement has probable cause to believe was driving under the influence of a controlled substance or alcohol, (4) who was lawfully arrested, (5) who was informed that refusal to undergo the test would result in the suspension of his or her driving privilege for 1 year (or 18 months for a second or subsequent refusal), (6) who was told that a refusal to undergo such a test constitutes a misdemeanor, and (7) who after being informed of the above refuses to undergo the test when asked to do so by a correctional or law enforcement officer. Since a first-time offender who refuses to submit to a chemical or physical test will have his or her license suspended for 1 year and  a second or subsequent offender will be subjected to an 18-month suspension of his or her license, it is advised that the individual consult a fl dui attorney.