Criminal Defense

What Happens If I Refuse A Breath Or A Blood Test?

I got a DUI, what do I do?

There’s a real problem when the punishment doesn’t match the crime.

If you refuse a breath, blood, or urine test that is requested by law enforcement, you’re going to receive an administrative suspension through the DMV. This can get very complicated, if you have an out-of-state driver’s license. In that case, the Florida DMV will create an artificial license for you and that license will be suspended. If you have an out of state license and you want to reinstate that license, you’re going to have to clear the Florida suspension first.

The length of the suspension depends on whether or not you have previously refused a requested test. If you previously refused a test, your license is going to be suspended for 18 months. If this is your first time refusing, your license is going to be suspended for one year. In the state of Florida, if it is your first DUI and first refusal, you can get a hardship license. In order to get this license, within 10 days of arrest, you must enroll in DUI School. To enroll in DUI School, you will need your lifetime driving history, the arrest report, and finally the cost of the school. You will then take your enrollment form to the Bureau of Administrative Review office and they will issue you a hardship license. If it is your first refusal and/or first DUI, the formal review process can be waived.

When it comes to a blood test, there are only certain circumstances under which an officer can request your blood. Getting blood from someone is more intrusive and there is more that we can learn about a person from a blood sample than from their breath sample. The most common situation where an officer will seek out a blood sample is when a breath sample is impractical or impossible. Usually this happens when the accused is in the hospital and cannot be taken to the Intoxilyzer machine. At that point, they’re going to request a blood sample. You can refuse, just like you can refuse to give a breath sample.

The other scenario where blood samples come up is if you’re accused of a very serious DUI, where you have injured or killed someone. The law enforcement agency will get a warrant for a blood draw. If they get a warrant, they can forcibly take your blood. A registered nurse will take your blood sample and give it to law enforcement. Law enforcement will then take that blood and have it tested by the Florida Department of Law Enforcement. Judges are available around the clock to sign off on these particular warrants.

For more information on Refusing A Blood Or Breath Test In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 666-4731 today.

Until the end

When we work with you, we’re committed to your case 100% from start to finish.

Our team is quickly involved with your case at an administrative level, working to get your suspended or revoked license reinstated and preventing the installation of ignition interlock devices. 

We defend clients charged with:

  • First-time DUI

  • Multiple-offense DUI

  • DUI-manslaughter

  • DUI with a minor

  • Underage DUI

  • Felony DUI

  • Breathalyzer refusal

  • Reckless driving

  • Speeding

  • Vehicular homicide

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