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DUI Attorney Corzo & Kohrs
   
                           

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DUI - Refusals

DUI – Overview
DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content

Refusal to Submit to a Breath, Urine or Blood Test

In Florida it is a separate criminal offense to refuse a breath, urine or blood test. Below is a brief listing of the possible sanctions that can be imposed by the court if convicted of this crime. Also listed is other information relevant to this crime.  If you are charged with a refusal to submit to a breath, urine or blood test, call an experienced Orlando DUI attorney at Corzo & Kohrs.

Chemical or Physical Test Provisions (Implied Consent Law)Florida Statutes - s. 316.1932, s. 316.1933, s. 316.1934, s. 316.1939.

  • Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.
  • Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months. br /> Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.
  • Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.
  • Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle.
  • Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult an Orlando criminal defense attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at: http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando DUI Attorney

The facts of every DUI case are different and if convicted you could face jail or prison time. Because of this and other complexities in handling these types of cases, it is vitally important that you obtain representation from an Orlando DUI lawyer experienced in defending, not prosecuting these types of crimes.

If you have been arrested and charged with a DUI or other criminal offense contact Orlando DUI attorney Will Corzo or Sam Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.

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The Orlando criminal defense attorneys at Corzo & Kohrs almost exclusively limit their practice to defending clients charged with criminal offenses.
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