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Miami DUI Refusal: What You Need to Know About the Law


Drivers who are stopped for suspected drunk driving in South Florida can expect to be asked to submit to a breath test or blood test. If you fail to submit to DUI test, you will almost certainly be arrested. Florida has an implied consent law on the books. If you are asked to submit to such a test by a law enforcement officer, and you refuse to do so, you are subject to penalties.

In this post, our top-rated Miami DUI defense lawyers explain what drivers need to know about Florida’s DUI refusal laws. If you have been arrested for a DUI refusal, please get in touch with our law firm immediately. We will protect your rights.

Understanding Florida Law: Refusal to Take DUI Test 

Under our state’s implied consent law (Florida Statutes Section 316.1939), all drivers are required to submit to reasonable DUI tests. Essentially, you consented to such testing when you obtained your driver’s license. In Florida, law enforcement officers have a professional duty to warn you that a refusal to take a blood test will subject you to penalties. Specifically, for a DUI refusal, the maximum penalty is:

  • First DUI refusal: Up to one year suspended license and a $1,000 fine; and
  • Any subsequent DUI refusal: Up to eighteen months suspended license, a $1000 fine, and up to one year in jail.

The bottom line: A DUI refusal is a serious offense in South Florida. The penalties for a conviction be just as steep as being convicted of a DUI. If you were arrested for a refusal, you should call an experienced Miami criminal defense lawyer immediately.

How Our Miami DUI Defense Attorneys Can Help You  

In DUI refusal cases, there are many complex issues that must be reviewed and assessed. For this reason, it is crucial that you are represented by a defense attorney who can give your case the full time and attention that it deserves. When our Miami DUI defense lawyers take on a refusal case, will consider many different factors, including:

  • Whether or not the officer had probable cause to stop you in the first place. Evidence obtained from an unlawful stop may not be admissible in court.
  • If you were properly informed of your legal rights. You should have been told about the consequences of a refusal.
  • Whether the refusal actually occurred at all. DUI defense attorneys sometimes see cases in which Florida police officers record a ‘refusal’ because they find the driver to be uncooperative. This is inappropriate. Lack of cooperation is not necessarily a refusal.
  • Finally, we will also look for any path to reduce your punishment, working to save your driver’s license and protect your freedom. In some DUI cases, the best defense strategy is to work on limiting the consequences associated with the charge.

Speak to a Miami Drunk Driving Defense Lawyer Today

At Ratzan & Faccidomo, LLC, our Florida drunk driving defense lawyers have extensive experience handling DUI refusal cases. If you or a loved one was arrested for a DUI refusal, please contact us today at 305-600-3519 for free legal guidance. Based in Miami, our law firm serves defendants throughout South Florida.



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