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DUI Test Refusal Put a Skilled and Trial-Proven Attorney in Your Corner

DUI Test Refusal Defense Attorney in Miami

Did You Refuse to Comply with DUI Testing in Fort Lauderdale?

Florida’s implied consent law establishes that by getting a driver’s license in Florida, drivers automatically consent to submit to a chemical or physical test if they are arrested for DUI.

Refusing to submit to a chemical or physical breath test upon a law enforcement official’s request is admissible into evidence in any criminal proceeding and can lead to two criminal charges: DUI and refusal to submit.

Prosecutors will argue that a driver’s refusal is evidence of “consciousness of guilt,” but the lack of the evidence such tests normally provide can make it very difficult for prosecutors to prove guilt beyond a reasonable doubt.

If you have been arrested for DUI and refused to comply with breath, blood, or urine testing, you need the immediate guidance of an experienced Miami DUI refusal defense attorney. At The Hoffman Firm, we can fight to protect you from the harsh consequences of a DUI conviction.

Call The Hoffman Firm today at (305) 928-1669 if your case is in Miami, 954-737-3004 if your case is in Broward County, or contact us online to learn more about how we can help you.

What Will Happen If I Refused a Breath, Blood, or Urine Test?

Under Florida's implied consent law, you are required to take a breath, blood, or urine test if you are arrested for a DUI offense and a law enforcement officer explicitly requests the test.

This means that once a law enforcement officer has sufficient probable cause to believe a driver is under the influence of a controlled substance or alcohol, a lawful arrest can be made and the driver is legally obligated to submit to testing.

Failing to comply with the implied consent law by not providing a breath, blood, or urine sample could result in a person having their driver's license immediately suspended. In addition, their refusal could be used against them as evidence in court.

A person who refuses chemical testing and is suspected of being involved in a DUI involving serious bodily injury or death of another person could legally have their blood withdrawn from their body by force if necessary due to the person's refusal to comply with the implied consent law.

DUI Test Refusal Penalties

Refusal to submit to DUI testing results in an automatic administrative suspension of the alleged offender’s driver’s license. Alleged offenders have 10 days to request a formal review hearing to contest the suspension and possibly obtain a permit that allows them to continue driving while fighting the suspension.

When a hearing is not requested, an alleged offender must wait 90 days to apply for a hardship license for employment or business purposes if it was that person’s first refusal. When an alleged offender’s license was previously suspended for a test refusal, he or she cannot drive for any reason for 18 months if he or she does not request a hearing.

As a first-degree misdemeanor offense, a conviction for a second or subsequent refusal to submit to chemical testing is punishable by:

  • Up to 12 months in jail
  • A fine of up to $1,000

Call Our DUI Test Refusal Attorney in Miami

If you were arrested for a DUI offense and refused to provide a breath, blood, or urine sample for law enforcement to examine, you are at risk of losing your driver's license. You could even be hit with fines or jail time. You need to retain representation from a trusted criminal defense attorney. Choose The Hoffman Firm.

We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
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Record Of Success

Aggressive DUI Defense
  • Not Guilty Driving Under the Influence (DUI)

    After conducting discovery and taking depositions, we went to a jury trial and after 20 minutes, the jury returned a not guilty verdict.

  • Not Guilty Driving Under the Influence (DUI)

    Mr. Hoffman successfully convinced a jury that his client was Not Guilty. The jury deliberated for less than 10 minutes before pronouncing the client Not Guilty.

  • Not Guilty Driving Under the Influence (DUI)

    Mr. Hoffman went to a jury trial and after less than 20 minutes of deliberation, the client was found Not Guilty.

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