DUI Test Refusal

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DUI Test Refusal

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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 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.

Call Hubbs Law Firm at (305) 570-4802 or contact us online today for a free and confidential consultation.

Turn to a Skilled Miami DUI Testing Refusal Lawyer

E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. 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 a child passenger. He proudly represents individuals throughout Florida, including Miami, Miami Beach, Miami Gardens, Kendall, and surrounding areas.

Contact Hubbs Law at (305) 570-4802 or submit an online form to schedule a confidential consultation.

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.

This testing includes the following:

  • Breath testing
  • Blood testing
  • Urine testing

Essentially, by driving a motor vehicle on Florida’s roads and highways, an 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.

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.

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 one 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.

First offense:

  • One-year license suspension

Second offense:

  • 18-month license suspension
  • Fine of no more than $1,000
  • Up to 12 months in county jail

Third offense:

  • 18-month license suspension
  • Fine of no more than $1,000
  • Up to 12 months in county jail

Miami Implied Consent Attorney

E.J. Hubbs of Hubbs Law Firm 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 and refusing a DUI test.

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) 570-4802 to schedule a confidential review of your case.

Implied Consent Resources

  • Florida Highway Safety and Motor Vehicles -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.
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Attorneys E.J. & Erika Hubbs

As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.

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