Understanding Florida DUI law is a challenge in itself. It is much more than knowing the acceptable blood alcohol content. A Florida DUI charge will include administrative hearings, and criminal court cases. These cases will be based on whether or not a driver was under the influence of drugs or alcohol. Another important facet of Florida DUI law is whether or not the driver voluntarily submitted to a  blood , breath or urine test.

In Florida, a driver can be asked to take a blood, urine or breath test if a police office feels that he or she is impaired. Police officers typically do this by observing questionable driving behavior or checking drivers at sobriety checkpoints. Even in Orlando, Kissimmee, and Longwood, if an officer feels that a driver is impaired, they will administer a field sobriety test. The sobriety test will include physical tasks such as standing on one foot or walking a straight line. Many times people are unable to pass these tests even when sober. If a driver does not wish to take a field sobriety test they are able to decline. The police officer will then take the driver into custody to do a breath, blood or urine test at the local jail or police station.

There are many reasons why a driver may refuse a field sobriety test. Sometimes it is because they feel that they will fail due to issues outside of intoxication from drugs or alcohol. In cases such as that, a blood or breath test should show that they were not driving illegally and they will be released.

A driver can also refuse tests used to determine blood alcohol level, but will face consequences for doing so. For example, if they test and have a BAC of .08% (or .02% if they are under 21) or higher, their license will be suspended and they face arrest. If they refuse to take the test, their license will be suspended for possibly twice as long as it would have been for having too high of a BAC.

Although drivers technically have the right to refuse a blood alcohol level test, there are some cases when the officer is able to administer it without permission. An officer is able to forcefully withdraw blood from drivers in cases involving serious bodily harm or death. They also are able to withdraw blood from someone who is unconscious.

The license suspension that occurs from a refusal is independent of the court case that will happen in the near future. It is called an administrative suspension. These types of suspensions are handled by the Florida Department of Highway Safety and Motor Vehicles. They can be dropped by successfully winning an administrative hearing. Drivers issued a suspension have only 10 days to request this hearing. If they do not, the automatic suspension will remain, regardless of what eventually happens in court.

Besides earning an automatic license suspension, refusing a blood alcohol level test in Florida normally does not help the criminal case. It is generally viewed by the prosecuting attorney as an admission of guilt. A knowledgeable and aggressive defense attorney might be able to justify reasons for refusing the test. There have also been cases won because there is not enough evidence to convict without the test. It is, however, a risky decision to make, and should always be done after consulting a lawyer.

There are instances when refusals are more serious. Second refusals are considered a first degree misdemeanor. Also, commercial drivers will lose their commercial driving privileges for one year for a first offense and permanently for the second due to refusing to submit to a blood alcohol level test.

Some of the direct results of refusing a Blood Alcohol Level test in the state of Florida include:

• Refusal can be used as evidence in Criminal Court
• Administrative License Suspension of up to 18 mos
• Loss of commercial driving privileges

Because of the complexities of Florida law, deciding whether or not to submit to a blood, breath or alcohol test can be a very difficult decision to make. If you are in the Orlando, Kissimmee, or  Longwood area and are facing a DUI charge contact us for help.