You go the end to drink with some friends and also then you decide to head home. You room driving along and the police rotate on their lights. You pull over and also briefly talk to the officer. The officer asks friend to step out the the vehicle and also do some ar sobriety practice to determine if you are driving under the influence. Friend timidly comply and conduct the exercises which space at part time finish by the officer placing girlfriend under arrest. Friend are placed in the back of the police car and then thrust to some location. The individuals at the jail placed you in a room and also ask if you want to submit to testing. You speak no as with you did the an initial time you were arrested for drunk driving. Go this sound familiar?

Florida statute 316.1939 makes it a crime come refuse to send to experimentation a 2nd time as soon as the police have probable reason that you to be driving under the influence in West Palm Beach. In 2012, there were 56,664 arrests in the State of Florida for driving under the influence of i beg your pardon 18,268 refused to be tested. Florida statute 316.1939 states that if a human being refuses to send to testing, then the person’s driver’s license would be suspended because that a year. The doesn’t sound so poor when challenged with a potential DUI conviction, however the State Legislature changed the regulation to now criminalizing a 2nd refusal to prevent world from dodging DUI convictions by continually refusing to test. When a person refuses come test, that is harder because that the prosecutor come prove that you to be driving under the affect of alcohol.

You are watching: If a person refuses to submit to a chemical or physical test their driving privilege

Ways you can act which will certainly be considered a refusal by the officer:

You say “No.”You start obtaining argumentative or abusive v the officer.You pretend come blow right into the machine.You punch once yet do not blow a second time.You remain silent.The Police Testing

The police space checking to check out if you have actually alcohol in your device by having actually you blow right into a device which actions the amount of alcohol in your breath i m sorry correlates come the quantity of alcohol in her blood. If friend blow and also your blood alcohol level is listed below the legit limit, the officer could ask you to urinate to watch if you are under the influence of a drug.

If friend are connected in one accident and are can not to punch in West Palm Beach, the officer might ask friend if you desire to be tested by enabling someone to draw your blood. In Florida, police can forcibly attract blood if you were associated in a wreck whereby someone to be seriously injured. See Florida statute 316.1933.

Florida’s implied Consent Warning Florida statute 316.1932 says that if you operate a car in Florida, you are impliedly consenting “to submit to an approved chemical test or physical check including<,>” if you to be lawfully arrested. Driving a vehicle is a privilege and not a right. If you begin driving, you space in impact saying you will certainly submit to testing.

What the State Prosecutor needs to Prove to judge a Defendant that This Crime

The state prosecutor needs to prove beyond a reasonable doubt:

A legislation enforcement officer had actually probable reason to believe defendant drove or was in actual physical manage of a motor auto in this state while either:Under the affect of alcoholic beverage, a chemistry substance noted in 877.111 Fla. Stat, or a regulated substance noted in chapter 893 to the degree the defendant"s common faculties to be impaired; orHis breath or blood alcohol level to be .08 or higher;The law enforcement officer either:Arrested the defendant for driving under the influence; orRequested a blood test;The defendant was notified that his refusal to submit to a chemistry or physical check of his breath, blood, or urine, would be grounds come suspend his privilege to operate a motor car for a duration of one year, or, in the situation of a second or subsequent refusal, for a duration of 18 months;The defendant was notified that that is a misdemeanor to refuse to submit to a lawful check of his breath, blood, or urine, if his steering privilege had actually been previously suspended for a prior refuse to submit to a lawful check of his breath, blood, or urine;The defendant, after gift so informed, refused to submit to a chemical or physical check of his breath, blood, or urine as soon as requested to perform so by a law enforcement officer or correctional officer; andThe defendant"s steering privilege had been previously suspended because that a prior refuse to send to a lawful test of his breath, blood, or urine.Defenses

A police officer cannot pull you over without reason. They have to have probable reason or reasonable uncertainty which is based top top the truth of the situation; otherwise, the stop, the observations of the police officer, and the refusal to send to testing are going to it is in suppressed.

Did you yes, really refuse to submit or did girlfriend not know what to be going on? Were their language problems? to be you injured and also not holy ghost “there” as a result of a crash? our attorneys will look at the truth of the situation to watch if you really did refuse or to be there confusion as to the question.

While not a finish defense, you will certainly most likely be prosecuted for DUI and also the refusal. A great defense attorney might maybe negotiate through the prosecutor to have the DUI readjusted into a reckless driving plea transaction which does not have actually the minimum obligated sentencing favor DUI does.


The an initial refusal outcomes in a one year suspension of the driver’s license. The refusal can be used for a prosecution for a second refusal. A second refusal is a first-degree misdemeanor which is punishable approximately 365 job in jail and a $1,000 fine.

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Contact the regulation Office of roger P. Foley, P.A.

Our West Palm beach attorneys have actually experience in dealing with driving under the influence cases. I get it Foley is a member the the nationwide College that DUI Defense. That is exceptionally experienced in this area. Contact today to collection up a totally free 15 minute instance strategy with Roger Foley to discuss your case and also any questions you might have. He has handled countless DUI types of cases. He has actually attended seminars on DUI cases taught through the top experts roughly the nation. The experience and training the our attorneys have actually will go towards crafting your defense strategy. Us can even take your instance all the method to trial, but before we have the right to fight for you, we need you come call!