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Breathalyzer Refusal – Florida DUI Law

Under Florida statute §316.1932, drivers are required to submit to a chemical blood alcohol test, if requested by a police officer, after being arrested for DUI. Refusing to participate in the chemical blood alcohol test could result in your driver’s license being suspended for up to 18 months as well as other criminal penalties. However, not all refusals will result in a license suspension. First, the police officer must follow strict guidelines when ordering a driver to participate in a chemical blood alcohol test.

The DUI lawyers at our firm have a thorough understanding of the guidelines that the police must follow, and we can identify any potential errors made by the police to successfully challenge a license suspension. If your license has been suspended for refusing to take a chemical blood alcohol test, contact Florida Law Advisers, P.A. to speak with one of our skilled DUI lawyers in the Tampa Bay Area.

Breathalyzer Test:

A police officer must have probable cause to believe the driver is under the influence of alcohol or drugs before requiring the driver to take a breathalyzer test. Therefore, there must be some evidence of drunk driving before a police officer can require you to take a breathalyzer test. In addition, the police officer must inform you that refusing to participate in a breathalyzer test could result in the suspension of your driver’s license. If the officer either fails to establish probable cause or fails to inform you of the consequences of refusing to take the test, you may be able to successfully challenge the license suspension.

Urine Test:

The driver must be told that failure to participate in the urine test will result in the driver’s license being suspended. In addition, a police officer must have probable cause to suspect the driver is under the influence of alcohol or drugs before ordering the driver to submit to a urine test for drugs or alcohol. The urine test must be administered at either a detention facility or another facility that is equipped to conduct such tests. For instance, the urine test may be conducted at the police precinct, but a test conducted on the side of the highway would not be proper.

Blood Test:

In order to conduct a blood test the police officer must first have probable cause that the defendant was driving a vehicle while under the influence of alcohol or drugs. The police officer does not need to inform the driver that refusing to participate in the test could result in a suspension of the driving privileges if the driver is unconscious . However, the test must be administered at a medical facility such as a hospital or clinic.

Contact An Experienced DUI Law Firm:

If your license has been suspended because you refused to participate in a chemical blood alcohol test you should contact us to speak with a Tampa DUI attorney. A DUI lawyer at our firm may be able to successfully challenge your license suspension on the grounds that the police officer did not inform you of the consequences of refusal, you were unlawfully arrested, you did not actually refuse to take the test, or other grounds based on the specific facts of your case. Our aggressive legal team will sift through every detail of your case to develop a legal strategy to get your license reinstated.

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