DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content
Refusal to Submit to a Breath, Urine
or Blood Test
In Florida it is a separate criminal offense to
refuse a breath, urine or blood test. Below is a brief listing of
the possible sanctions that can be imposed by the court if convicted
of this crime. Also listed is other information relevant to this
crime.
Chemical or Physical Test Provisions (Implied Consent Law)Florida Statutes - s. 316.1932, s. 316.1933, s. 316.1934, s. 316.1939.
-
Refusal:
Refusal to submit
to a breath, urine, or blood test is admissible as evidence in
DUI criminal proceedings. Second or subsequent refusal is a
misdemeanor of the first degree.
-
Driver License
Suspension Periods:
First refusal, suspended for 1 year. Second or subsequent
refusals, suspended for 18 months.
-
Commercial Driver
License Disqualification Periods:
First refusal in a commercial motor vehicle, disqualified for 1
year. Second or subsequent refusals in a commercial motor
vehicle, disqualified permanently. No hardship reinstatement
permitted.
-
Forceful Withdrawal
of Blood:
If necessary, blood may be withdrawn in DUI cases involving
serious bodily injury or death by authorized medical personnel
with the use of reasonable force by the arresting officer, even
if the driver refuses.
-
Unconscious: Any person who is
incapable of refusal by reason of unconsciousness or other
mental or physical condition shall be deemed not to have
withdrawn his consent to such test. A blood test may be
administered whether or not such person is told that his failure
to submit to such a blood test will result in the suspension of
his privilege to operate a motor vehicle.
-
Portable Alcohol
Breath Testing Devices:
Authorized by s.322.2616, F.S., for persons under the age of 21.
Reading is admissible as evidence in any administrative hearing
conducted under s. 322.2616, F.S.
**Disclaimer: The
information on this page should be used as a reference only and
is not intended
to be legal advice. Florida criminal law is continually changing
therefore some of the provisions contained here may be out of date.
It is always best to consult a Florida criminal defense lawyer about
your legal rights and responsibilities regarding your particular
case.**
A complete
listing of all Florida Statutes can be found at:
http://www.leg.state.fl.us/Statutes
Consult
With an Experienced Orlando and Kissimmee DUI Attorney
The facts of every DUI case are different and if
convicted you could face jail or prison time. Because of this and
other complexities in handling these types of cases it is vitally
important that you obtain representation from a lawyer experienced
in defending, not prosecuting
these types of crimes.
If you have been arrested and charged with a DUI
or other criminal offense contact Orlando DUI attorney
Will Corzo or
Sam Kohrs. Call toll free
877-99CK-LAW for a free
consultation and explanation of your rights.
The Central Florida DUI defense law firm of Corzo and Kohrs exclusively limits their practice to defending clients charged with criminal offenses including DUI and other crimes throughout central Florida, including clients from Orange County, Osceola County, Seminole County, Polk County, and Pinellas County and in cities such as Orlando, Kissimmee, St. Cloud, Poinciana, Celebration, Hunter’s Creek, Ocoee, Oviedo, Avalon Park, Windermere, Altamonte Springs, Baldwin Park, Clermont, Winter Park, St. Petersburg, Seminole, Clearwater, including clients from schools such as University of Central Florida UCF, University of South Florida USF, Valencia Community College, Full Sail, and other Central Florida schools. Florida DUI Attorney Will Corzo and Sam Kohrs are available 24 hours a day and on weekends and holidays.