When you got your Florida driver’s license, you agreed to more than just following traffic rules. You gave “implied consent” to chemical testing if law enforcement ever suspects you of driving under the influence.
This agreement means you must submit to breath, blood or urine tests when asked. Even if you haven’t had a drop to drink, refusing these tests can have serious consequences.
Chemical tests vs. field sobriety tests: Know your rights
When stopped by law enforcement for a suspected DUI, you may face two types of testing requests from officers:
- Field sobriety tests
- Chemical tests
Field sobriety tests involve physical tasks like walking a straight line or standing on one leg. You can legally refuse these tests without automatic penalties. While voluntary, refusing them may lead officers to look for other signs of impairment.
Chemical tests are different. Refusing a breath, blood or urine test triggers automatic consequences under Florida’s implied consent law, regardless of whether you’re impaired.
What happens If you refuse?
Declining a chemical test comes with severe penalties, which increase for multiple DUIs. Potential penalties include:
- One-year driver’s license suspension for a first refusal
- 18-month license suspension plus misdemeanor charges for a second refusal
- Your refusal can be used against you in court
- You may still face DUI charges even without test results
- DUI school attendance
- Installation of ignition interlock device
- Higher insurance rates
- Possible jail time if convicted of DUI
- Fines and court costs
Facing a DUI charge in Florida is serious by itself. Refusing chemical testing can result in added consequences.
Knowledgeable legal guidance is essential
A DUI arrest can impact your life significantly, whether you refuse testing or not. A skilled DUI defense attorney can review your case, explain your options and help protect your rights. They may identify issues with testing procedures or challenge whether the officer had reasonable suspicion to stop you.
Implied consent laws are complex, and the consequences of refusing chemical tests are severe. If you’re facing DUI charges, it’s advisable to seek experienced legal guidance. Your future and freedom may depend on it.