5975 Sunset Dr #502
South Miami, FL 33143
Attorney on call 24/7

DUI Test Refusal

Being stopped for potentially driving under the influence can be an intimidating and frightful experience. For some drivers, the natural option is to refuse to submit to chemical testing in hopes that it will help them avoid a DUI conviction.  This is not the case.

Florida is an “implied consent” state. Under Florida’s implied consent law, an individual must consent to blood, urine, or breath testing if suspected of driving under the influence or DUI. A law enforcement officer is not required to obtain a warrant to obtain a warrant for such testing under implied consent.

Failure to submit to blood, urine, or breath testing when suspected of DUI can result in a driver’s license suspension between 12 to 18 months. For a second refusal, a driver may face additional consequences, including jail time and fines.

If you have refused blood, breath, or urine testing, it is important to consult an experienced Miami DUI defense attorney.

Miami DUI Testing Refusal Lawyer

Board Certified Criminal Trial lawyer, E.J. Hubbs of Hubbs Law, is an experienced Miami DUI defense lawyer. This board certification requires a minimum of 25 jury trials tried to verdict, proof of the substantial practice of criminal law, the recommendation of four attorneys and two judges, and passing the board certification exam for criminal trial law.

E.J. Hubbs diligently defends individuals facing any DUI related offense, including First DUI, Second and Repeat DUI, DUI with Property Damage, and DUI with Child Passenger. He proudly represents individuals throughout Florida, including Miami, Miami Beach, Miami Gardens, Kendall, and surrounding areas.

Contact Hubbs Law at (305) 615-5945 or submit an online form to schedule a confidential consultation.

Florida Implied Consent Information Center


Back to top

Definition of Implied Consent

Under Florida Statute Title 23 Chapter 316.1932, any person who accepts the privilege of operating a motor vehicle in the state of Florida is deemed to have given his or her consent to chemical testing or physical testing, including but not limited to:

Essentially, by virtue of driving a motor vehicle on Florida’s roads and highways individual consents to chemical testing or provides implied consent. The chemical testing must be performed by a law enforcement officer and must be done incident to a lawful arrest.

This means the law enforcement officer cannot randomly stop cars on the road and perform chemical testing. The law enforcement officer must have reasonable cause to believe the driver was driving under the influence of drugs or alcohol.

When an individual refuses to submit to chemical testing the law enforcement officer must inform the driver that he or she may face license suspension as a result.


Back to top

Purpose of Chemical Testing

An individual may be charged with driving under the influence or DUI if he or she is operating or in physical control of a motor vehicle with a blood alcohol concentration of 0.08 or higher.

Blood alcohol concentration is the amount of alcohol per 100 grams of blood. An individual with 8 grams of alcohol in his or her system per 100 grams of blood will have a BAC of 0.08. It is impossible to predict blood alcohol concentration as it is based on several factors, including weight, metabolism, food consumed, and alcohol consumed.

Blood alcohol concentration or BAC may be tested through breath, blood, or urine testing.


Back to top

Florida DUI Testing Refusal Penalties

Failure to submit to a lawful urine, breath or blood test will result in a suspension of driving privileges for 1 year for the first offense. If driving privileges were suspended previously for refusal to submit to chemical testing, the individual’s driving privileges will be suspended for a total of 18 months. Also, second and subsequent DUI testing refusal is considered a first-degree misdemeanor.

 

1st Offense

2nd Offense

3rd Offense

 

 

Refusal to submit to chemical testing

1-year license suspension

18-month license suspension

Fine of no more than $1,000

Up to 12 months in county jail

18-month license suspension

Fine of no more than $1,000

Up to 12 months in county jail


Back to top

Implied Consent Resources

Florida Highway Safety and Motor Vehicles ǀ Driver’s License Suspension and Revocation-The Florida Highway Safety and Motor Vehicles provides resources regarding Florida DUI law and valuable information about license suspension and revocation, including answers to frequently asked questions (FAQ’s), reporting a bad driver, and violation point values.


Back to top

Hubbs Law ǀ Miami-Dade County Implied Consent Attorney

E.J. Hubbs of Hubbs Law is an experienced Miami DUI defense attorney. As a former prosecutor, E.J. Hubbs possesses the knowledge and skill to provide the strongest defense of behalf of his clients facing criminal charges, including DUI, drug crimes, domestic violence, and weapons charges.

He represents individuals throughout Miami-Dade County, including Miami, Miami Beach, Coral Gables, North Miami, South Miami, Miami Gardens, and surrounding areas. Contact Hubbs Law at (305) 615-5945 or submit an online form to schedule a confidential review of your case.


Back to top

Ask for a Free Case Review

All fields are required.

Visit Our Office

office
5975 Sunset Dr #502
South Miami, FL 33143
Map It

Read Our Blog

blog buttonRead Our Recent Blog Posts

What Happens If I was Arrested and The Officer Never Read Miranda

What Happens If I was Arrested and The Officer Never Read Miranda

Law enforcement officers are required to read an individual his or her Miranda Rights before placing the individual under arrest or placing them in custodial interrogation; however, many Floridians' rights are violated and they are never read Miranda. Learn more about what happens if the officer does not read Miranda[...]

Read more

Negative Consequences of the Pre-Trial Intervention Program and Pre-Trial Diversion Program on Non U.S. Citizens

Negative Consequences of the Pre-Trial Intervention Program and Pre-Trial Diversion Program on Non U.S. Citizens

Pre-trial diversion and pre-trial intervention programs are potential ways to avoid a criminal conviction; however, accepting pre-trial intervention or pre-trial diversion can have detrimental implications for non U.S. citizens. [...]

Read more

Supreme Court Blocks President Obama's Immigration Reform (DAPA and DACA)

Supreme Court Blocks President Obama's Immigration Reform (DAPA and DACA)

In a 4-4 decision the United States Supreme Court affirmed the lower court ruling blocking deferred action immigration reform that would grant lawful status and work authorization to more than 4 million undocumented persons in the U.S. [...]

Read more