Refusing a Breath or Blood Test in a DUI Case: What You Need to Know

Perhaps the most important decision for a driver to make after being pulled over is whether or not they should consent to a breath or blood test. Many folks believe that if they do not take the test, it will help them in some way. However, refusing to take the test will result in severe consequences, and it does not prevent you from being charged with DUI. Understanding the refusal laws is very important in a DUI case.

Understanding implied consent laws

Every state has an “implied consent” law. If any individual operates a vehicle on a public road or highway, he or she must consent to a chemical test when lawfully arrested for DUI. If an individual refuses to be tested after being properly arrested, they might be penalized.

These penalties are administrative in nature. They are imposed by the DMV rather than a criminal court. They often become effective very quickly.

Immediate license consequences

One of the most common punishments for refusing to take a chemical test is an automatic suspension of your driver’s license. The suspension can be longer than a suspension resulting from a failed breath test. For a repeat offender, this suspension can be even more severe.

Significantly, this can occur even if the DUI charge is reduced or dismissed. Drivers have a certain amount of time when they can request a hearing to contest the suspension.

How prosecutors use refusal in court

Refusing to take a chemical test does not mean that the case will be dismissed. Prosecutors have the option of moving forward with other evidence.

In many states, the prosecution will be able to argue that refusing a test constitutes a “consciousness of guilt.” This means that the driver refused to take the test because they knew the results would be unfavorable. An experienced defense attorney will be able to defend against that argument by providing other potential reasons for refusing to consent. 

Blood warrants and forced testing 

In some instances, refusing to undergo a test is not a guarantee you won’t be tested. The authorities can request a warrant for a blood test, especially when accidents, injuries, or multiple DUI charges are involved. If a warrant is granted by a judge, blood can be taken even without a driver’s refusal.

These instances give rise to legal concerns regarding probable cause, warrants, and the extraction of blood samples. 

Defense strategies in refusal cases 

The DUI refusal case can offer special defense opportunities. A good defense can emphasize such concerns as whether the arrest was lawful, whether the officer advised the driver of the consequences of their refusal, and whether the procedure for implied consent was followed correctly. Even small errors can weaken the case or an administrative suspension. 

Talk to an Orlando, FL, DUI Attorney Today 

FL DUI Group represents the interests of those charged with DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.