Refusal to Take a DUI Breath Test: General Information from a Tampa DUI Lawyer

Any time you drive in the Tampa, Florida area with a valid drivers license, the state assumes you give your “implied consent” to take a DUI breath test. According to the state of Florida, this implied consent means you will allow a law enforcement officer to stop your vehicle and test you for being under the influence of alcohol or drugs. To further stress this point, the typical Florida drivers license includes a statement on the bottom that reads, “Operation of a motor vehicle constitutes consent to any sobriety test required by law.”

As a Tampa DUI lawyer, attorney Andrew Spicola is often asked what happens if a person refuses a DUI breath test or breathalyzer. Florida law states that the following penalties will be enforced for those who refuse to give (or cannot give) consent for an alcohol test:

• The arresting officer will physically take a drivers license away
• One year drivers license suspension for the first refusal of a DUI breath, urine, or blood test (your first refusal can be used as evidence against you in a DUI charge)
• 18 month drivers license suspension for the second and subsequent refusals of a DUI breath, urine, or blood test (second and subsequent refusals are first degree misdemeanors)
• In DUI cases involving serious injury or death, medical personnel may use reasonable force to draw blood from a driver, whether or not consent is given
• If a driver is unconscious, medical personnel are authorized to withdraw blood from that driver, even if he or she is not capable of giving consent for an alcohol test

Whether you agreed to a breathalyzer test or not, if you are charged with a DUI in the Tampa Bay area, contacting a lawyer is crucial to protecting your rights. By consulting with a lawyer as soon as possible after your arrest, you may be able to get your drivers license back because of Florida’s 10 day rule. Your lawyer can also begin your DUI defense immediately by investigating the circumstances of your arrest, as well as the officer who stopped your vehicle.

Please contact Tampa DUI lawyer Andrew Spicola today for a free first consultation about your DUI case. Attorney Spicola will be happy to discuss your DUI case with you, even if you refused a breathalyzer or other blood alcohol test. Our law firm welcomes DUI clients from Tampa, Florida and all surrounding communities such as Largo, Odessa, Dunedin, Oldsmar, St Petersburg , Hillsborough County, Clearwater, Pinellas Park, Safety Harbor, Lutz, Pasco County, New Port Richey, Palm Harbor, and beyond.