Fort Lauderdale Criminal Attorney Blog
If you’ve been pulled over for suspected driving under the influence (DUI) in Florida, one of the most critical moments may come when an officer requests that you take a breathalyzer test. This seemingly simple request carries significant legal weight because of Florida’s implied consent law. Refusing to submit to a breath test has both immediate and long-term consequences, and understanding the pros, cons, and legal implications of such a refusal is crucial.
As an experienced Broward County criminal defense lawyer, I’ll provide an in-depth look into Florida’s implied consent laws, discuss the penalties for refusal, and explain whether there are circumstances in which refusal might work to a defendant’s advantage.
(Note: This following should not be considered legal advice. To know which actions are most advisable in your case, you should always talk to the Fort Lauderdale criminal defense attorney who is representing you.)
What Are Florida’s Implied Consent Laws?
Under Florida Statute §316.1932, by obtaining a driver’s license, you automatically consent to submit to chemical tests of your breath, blood, or urine if law enforcement has probable cause to believe you are driving under the influence. This is known as the state’s implied consent law.
If you refuse to take a breathalyzer test after being lawfully arrested for DUI, you’re effectively violating this implied agreement, which triggers an automatic administrative penalty and other potential legal consequences.
The Florida Supreme Court affirmed the constitutionality of implied consent laws in their 1980 ruling in the case of State v. Bender, where it was underscored that driving is a privilege, not a right. Other precedent-setting cases have held that compelling someone to submit to a breathalyzer test when there is probable cause to believe they’re driving impaired does not violate the Fifth Amendment constitutional right to protect against self-incrimination.
Consequences of Refusing a Breathalyzer Test
Administrative Penalties
Refusing a breathalyzer test in Florida results in an automatic suspension of your driver’s license:
- First refusal: A one-year suspension.
- Second or subsequent refusals: An 18-month suspension and possible misdemeanor charges for repeat refusal.
The suspension is enforced by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), independent of any criminal DUI case.
Use of Refusal as Evidence in Court
One of the most critical legal implications is that your refusal can be used as evidence against you in court. Prosecutors will likely argue that refusal indicates consciousness of guilt—that you declined the test because you knew you were intoxicated. This can be a powerful narrative for a jury, even if there’s no direct evidence of your blood alcohol content (BAC).
Potential for Increased DUI Penalties
If you’re ultimately convicted of DUI after refusing a breath test, you may face harsher penalties. For instance, refusal may disqualify you from certain diversion programs or result in more severe sentencing.
Possible Pros of Refusing a Breathalyzer Test
Despite the serious consequences, some defendants see benefits in refusing a breathalyzer test.
For one thing, if you refuse a breathalyzer, the prosecution’s case becomes more circumstantial. That means that rather than relying heavily on the BAC reading, they must lean on things like:
- Officer testimony regarding your behavior, appearance, and field sobriety test performance.
- Video evidence from a police dashcam or body camera.
- Receipts of any recently-purchased alcohol, such as a bar tab paid shortly before you were pulled over.
In some cases, the absence of hard BAC evidence creates room for reasonable doubt, making it more difficult for the prosecution to secure a conviction.
Protecting Against Over-the-Limit Results
Florida’s legal BAC limit is 0.08%. If you believe your BAC is significantly over this threshold, a refusal might prevent the introduction of damning evidence that could lead to an automatic conviction and harsher penalties. A DUI is typically more serious if there’s evidence your BAC is 0.15% or higher (or just over double the legal limit).
Cons of Refusing a Florida Breathalyzer Test
While there may be strategic reasons to refuse, the downsides can often outweigh the potential benefit. The consequences of refusing a breathalyzer include:
Automatic License Suspension
Losing your license can be a significant burden, especially in a state like Florida where public transportation options are limited. While you may apply for a hardship license after a period of suspension, this still restricts your driving privileges.
Impact on Your Defense
The refusal itself often becomes a focal point of the prosecution’s case. Juries may interpret refusal as a sign of guilt, particularly when combined with other evidence like erratic driving or failed field sobriety tests. In any case, hiring an experienced Fort Lauderdale DUI defense lawyer can go a long way toward minimizing this impact.
Repeat Offenders Face Harsher Consequences
If this is not your first DUI-related stop and you refuse the test, you’re looking at heightened penalties, including the possibility of a separate misdemeanor charge for the refusal.
BAC Evidence May Be Gathered Anyway
If you refuse a breathalyzer, there’s still a possibility that law enforcement could secure a warrant and force you to undergo a blood draw to determine your blood-alcohol test. Your consent is not required for a blood draw if there’s a warrant – but that warrant is needed if you don’t consent because a blood draw is considered more invasive than a breath test. This typically only happens in cases where an accident occurred, especially if someone else was hurt.
Final Thoughts From a Fort Lauderdale DUI Defense Lawyer
Refusing a breathalyzer test in Florida is a serious decision with far-reaching consequences. While it may offer some defendants strategic advantages, the downsides—including license suspension and use of refusal as evidence—often complicate a DUI defense.
If you’ve been charged with DUI, consulting an experienced Broward County criminal defense lawyer is essential. We’ll analyze the circumstances of your case, challenge procedural errors, and build the strongest possible defense.
Remember, understanding your rights and options is the first step toward protecting your future. Contact our office today for a free consultation to discuss your Fort Lauderdale DUI case.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
Driving Under The Influence: Chemical Testing and Related Admissibility Issues, August 2024, Denkin/Bristow, 2024 DUI Lab
More Blog Entries:
Can You Get a DUI Charge Dismissed? Common Defense Strategies of Fort Lauderdale DUI Lawyers, Nov. 6, 2024, Fort Lauderdale DUI Defense Lawyer Blog
