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May I Refuse To Take A Breath, Blood Or Urine Test If Requested To Submit To One By A Law Enforcement Officer?

By accepting the privilege extended by the laws of this state of operating a motor vehicle, you are deemed to have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining the alcoholic content of your blood, and to a urine test for the purposes of detecting the presence of drugs, if lawfully arrested for any offense allegedly committed while driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances. However, you may refuse to take such tests unless you are involved in an accident involving serious bodily injury or death to a human being. However, refusing such tests is not without cost. The law permits the Department of Highway Safety and Motor Vehicles to suspend your privilege to operate a motor vehicle for a period of one (1) year for a first refusal, or a period of eighteen (18) months for a second or subsequent refusal. Additionally, the refusal to submit to a chemical or physical breath test, or to a urine test, upon the request of a law enforcement officer, is admissible in any criminal proceeding against you.

Other Florida Drunk Driving Defense FAQs

Q: What Is D.U.I.And Drunk Driving?
A: D.U.I. is an abbreviation for "Driving Under the Influence." A person is guilty of the offense if such person is driving or in actual physical control of a … More
Q: What Does "In Actual Physical Control Of A Vehicle" Mean?
A: This term means that the individual has had the capability and power to dominate, direct or regulate the vehicle, regardless of whether or not he or she was exercising … More
Q: Are You Presumed Guilty Of If You Have A Blood Alcohol Level Of 0.08%?
A: In any criminal case, it is unconstitutional to hold a presumption of guilt against a defendant. This is due to the fact that our constitution requires the government … More
Q: Is It Also Unlawful To Drive With A Blood Alcohol Level Of 0.08% Or Higher?
A: Yes. It is a crime to drive with an unlawful blood alcohol level of 0.08% or above.
Q: Isn't It True That The Police Will Take Away Your License If You're Arrested For D.U.I.?
A: Under Florida law, a law enforcement officer may seize the driver's license of any person who is driving with an unlawful blood alcohol level (.08% or above), or who … More
Q: If The Officer Takes Away My Driver's License, For How Long Is It Suspended?
A: If you have refused to submit to a lawful breath, blood or urine test, your driving privilege will be suspended for a period of one (1) year for a first refusal, or … More
Q: How Can The Law Permit Suspension Of A Driver's License Before Any Kind Of Trial Begins? I Thought Criminal Law Required A Hearing Or Trial Before They Could Sentence You?
A: While the criminal punishment under Florida laws provides for certain safeguards before an individual may be sentenced, we must remember that driving a motor vehicle … More
Q: Is Jail Mandatory If I'm Convicted Of D.U.I.?
A: No. Not for the first conviction. However, for the second conviction within five (5) years of a prior conviction, a minimum imprisonment term of ten (10) days is … More
Q: What Are The Department Of Motor Vehicles License Revocation Procedures?
A: FIRST TIME DUI If your fail a breath test (.08 & above) (.02 for under 21 years of age): Your License will be Suspended for 1 year You are eligible for a … More
Q: What Are The Speed Limits In Florida?
A: Unless Otherwise Posted Absolute Interstate 70 mph Ltd Access Rds 70 mph Other Primary Rds 65 mph Residential 30 mph More