In Florida, simply by having a Florida State Driver’s license, you have implicitly consented to providing urine and breathe samples upon request (where the officer has probable cause). If you refuse to provide this, the penalties get steeper and steeper depending on the number of times you have refused to blow in the past.  Read on to see how refusing a breathalyzer test can be a crime.

For example, let’s look at Amber. Three years ago she was pulled over and refused to blow for the officer. She lost her license for almost a year (only learning from her lawyer later that she could apply to use the car to go to and from work and other necessary places). She lost her job, she lost time with many of her friends, and she spent a lot of time home eating Cheetos and watching re-runs. However, she did not receive a DUI conviction because there was no evidence available to convict her. Since she knew she was far over the limit when she had been pulled over, she was satisfied with her license suspension and no permanent record.

Flash forward three years to present day. Amber could have sworn she had enough food and left enough time between the two drinks she had and getting behind the wheel. But then she realized she was bumping the yellow line. “Oh no, I am seriously swerving.” Rather than pull over immediately, Amber tried to “one-eye it” squinting hard as she drove. “My house is only 2 miles away,” she rationalized. She could feel herself veering all over the road and knew she should pull over, but she was so close. Just as her driveway came into sight she saw the flashing police lights and knew she was in trouble.

The Officer asked for her license and registration and if she knew why he pulled her over? Before allowing her to answer he informed her she was all over the road and asked if she had been drinking that night. She flatly denied such an allegation and he asked her to please step out of the car and kindly allow me to administer a breathalyzer test.

Amber immediately refused to take any form of test. After some encouraging and even slight anger from the Officer she convinced them: no force could make her take that test right now.

“I can handle another year of Cheetos and movie marathons… it wasn’t that bad.” Amber had no idea that this time, this second refusal, would be nothing like the last time.

A person licensed in Florida has automatically given their implied consent to submit to a breath or urine test upon request and the requisite probable cause. Refusal of the breathalyzer test (where the stop, probable cause, and arrest are valid, of course) results in an automatic suspension of the suspects driver’s license for no less than eighteen months. The Officer did not inform Amber of the length, but he did state that given your previous refusal to take the test you are facing a second DUI. The Officer then clearly explained that she would be facing a DDUI charge, enhanced penalties, and criminal charges for refusal to blow. In Florida, refusal to blow on your second or more DUI will incur criminal penalties- you will be charged with a misdemeanor for the refusal to blow a second time in compliance with state law. Our top rated Jacksonville DUI law firm is available to provide you one-on-one assistance to ensure you get the best outcome possible in facing your first, second, third, or fourth DUI Offense.