If you refused the breath test after a DUI arrest, you probably have more questions than answers. Here is how it works, and what the 10-day deadline means.
What happens to my license if I refuse the test?
Florida’s implied consent law says that by driving here you agree to testing after a lawful DUI arrest. If you refuse a breath or urine test, your license is suspended for one year for a first refusal and 18 months if you have refused before. If you blew a 0.08 or higher instead, the suspension is six months for a first time. In either case you get a 10-day paper permit, and you have only 10 days from the date on the notice to request a hearing with the Department of Highway Safety and Motor Vehicles.
Is refusing a breath test a crime?
A first refusal of a breath or urine test is a second-degree misdemeanor on its own, separate from the DUI charge. A second refusal is a first-degree misdemeanor. The statute covers breath and urine tests. Blood tests are a different legal question, and officers generally need a warrant or consent.
What can be challenged at the license hearing?
The hearing is not a trial, but it isn’t a formality. Was the arrest lawful? Did the officer actually warn you of the consequences? Was the request clear? Did you refuse, or were you confused, ill, or not given a fair chance? These are the questions the hearing looks at, and an officer who doesn’t show up can end the suspension.
Can I get a hardship license?
If the suspension stands, you may be able to apply for limited driving privileges for work and basic needs. There are conditions, including DUI school.
What do I do in a refusal case?
I request the hearing before the deadline, subpoena the officer, and review the video. The refusal can also change the strategy in the criminal case, since there may be no breath number at all.
If you were arrested and refused a test in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001 today, not next week.
The consultation is free.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
Should I talk to the police or the prosecutor before I call you?
No. Anything you say can be used in the case. It is easier to help you before a statement is made than after, so call me first.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 316.1932, 316.1939, 322.2615, 322.271.
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: DUI defense, First Offense DUI in Tampa Bay, Second, Third and Felony DUI in Florida, and what happens to your license after a DUI arrest.