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 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. Continue reading
