DUI Test Refusal
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Refusal to Submit to BAC Test

If you are pulled over for a suspected DUI offense in Florida, you are required by implied consent laws to submit to a chemical test. Although required, you do have the right to refuse.  This refusal, while making it impossible for law enforcement to incriminate you, does come with some severe penalties. 

Considering the difficult and complex situation you may find yourself in, it is important that you consult with a qualified criminal defense attorney who can effectively advise you through the process and defend you in the court of law.

Melbourne DUI Refusal Lawyer

Depending on your particular circumstances, a chemical test refusal may be beneficial or debilitating. Police will have no way to prove that you are under the influence, but at the same time, they will add charges for refusing even if you are below the legal limit and in fact safe to drive.

No matter what the case may be, if you have refused a chemical test, working with an experienced and knowledgeable criminal defense attorney will allow you to approach this complicated and difficult situation in the most effective manner available.

The attorneys at The Law Offices of Germain & McCarthy, LLC are committed to providing professional and aggressive representation using their legal understanding and courtroom experience in a way that helps put you in a favorable light. This dedication to individual rights and due process will help you move in the direction that offers the best opportunity to resolve this situation in a way that keeps you from dealing with the harshest potential consequences.

To schedule a free and confidential consultation to go over the details of your pending case, call (321) 253-3447 or send an online message. The Law Offices of Germain & McCarthy, LLC proudly represent individuals accused of misdemeanor and felony crimes in and around the Florida cities of Melbourne, Orlando, Winter Park, Belle Island, Deltona, Sanford, Winter Springs and Kissimmee, among many others.


Implied Consent

Florida's implied consent law states that any person who accepts the privilege of operating a motor vehicle within the state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test.

Florida Statute Section 316.1932(1)(a) specifically states that:

Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test.... The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reason to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages....

Additionally, Florida law stipulates that in DUI cases involving serious bodily injury or death, an officer may use reasonable force if necessary to require the driver to submit to the administration of a blood test.  Even if you refuse, reasonable force may be used to draw blood for a BAC test under these circumstances.


DUI Test Refusal under Florida Law

If you are lawfully arrested for a DUI and refuse to submit to a BAC test, you will be subjected to mandatory license suspensions.

Additionally, you may be charged with a criminal misdemeanor for subsequent refusals. The penalties for refusing to take a BAC test are in addition to the standard penalties for a DUI.  The penalties for refusal are as follows:

  • First Offense: License suspension for 1 year
  • Second and Subsequent Offenses: License suspension for 18 months and first-degree misdemeanor charges

Law Offices of Germain & McCarthy, LLC | Brevard County DUI Test Refusal

The additional inconvenience and legal issues that come with a DUI refusal can be difficult to deal with. This is why working with a qualified criminal defense attorney is paramount to finding an acceptable solution to this issue.

An experienced attorney will be able to bring with them knowledge of previous similar case while making certain that your taking care of the administrative and criminal process in the most expedient and productive manner possible. The lawyers at the  Law Offices of Germain & McCarthy, LLC have dealt with many DUI refusal cases and can be counted on to draw from these experiences to develop a strong defense strategy to help find a favorable solution to this stressful legal problem.

Call (321) 253-3447 or send an online message to schedule a free and confidential consultation today. The  Law Offices of Germain & McCarthy, LLC proudly represent individuals in and around Brevard County, Orange County, Volusia County, Seminole County, Indian River County and Osceola County.

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The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until after an attorney-client relationship has been established.
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