DUI Test Refusal
After arresting a driver suspected of driving under the influence, commonly referred to in Miami-Dade County as "DUI", the arresting officer asks the driver to submit to an intrusive chemical test to help strengthen their case. Chemical testing is usually performed by the driver providing a breath sample which is then analyzed by a machine called the Intoxilyzer 8000. However, the driver could also be subjected to a urinalysis or even a blood draw.
Though this police tactic is invasive, it is permissible in Florida because of our "implied consent" laws. Refusing to comply with testing is known as DUI Refusal and it could come with its own set of consequences including driver's license revocation.
When dealing with any criminal charge, including DUI refusal, it is wise to have a knowledgeable Miami criminal defense attorney guiding you through the process to help ensure the best possible resolution of your legal matter.Miami-Dade County DUI Refusal Attorney
If you have been arrested for a DUI and refused to comply with the testing of your breath, blood, or urine, you need the immediate guidance of an experienced Miami DUI Refusal criminal defense attorney to prevent your driver's license from being suspended, and worse, being imprisoned for an extended period of time.
Attorney Evan of The Hoffman Firm is a Florida prosecutor and has extensive experience dealing with DUI refusal, first DUI, DUI manslaughter, DUI bodily injury, and a wide variety of other DUI offenses. With offices located in Miami and North Miami, The Hoffman Firm has the ability to provide clients with excellent representation throughout Miami-Dade County, Florida, including but not limited to Aventura, Coral Gables, Homestead, Hialeah, and Miami Beach.
Being arrested for DUI is a very serious matter that could permanently alter a person's life and their finances. Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to receive your free initial consultation and have an experienced Miami-Dade criminal defense attorney help you fight your battle.Miami DUI Refusal Information Center
- What is a DUI?
- What Happens if I Refused a Breath, Blood, or Urine Test?
- What is an Administrative Suspension?
- Administrative Suspension – Under 21
- Florida resources for DUI Refusal
What is a DUI?
Pursuant to Florida Statute 316.193, a person can be charged with the criminal offense of driving under the influence, or DUI, when a driver of a motor vehicle is under the influence of alcohol, a controlled substance, or the combination of both.
To be convicted of a DUI offense, the prosecution must prove the following:
- The Defendant was Driving or in Physical Control of Motor Vehicle within the State of Florida,
- The Defendant's Normal Faculties were Impaired,
- The Defendant's Impairment was caused by the Consumption of a Controlled Substance or Alcohol, and
- The Defendant Had a BAC of 0.08 or More at the Time the Alleged Criminal Offense Occurred
What Will Happen if I Refused a Breath, Blood, or Urine Test?
Under Florida's "Implied Consent" law, any person using Florida roadways is required to take a breath test, blood test, or urine test to determine their BAC if they are arrested for a DUI offense and explicitly requested by a law enforcement officer.
This means, once a law enforcement officer has sufficient probable cause to believe a driver is under the influence of a controlled substance or alcohol to the point his or her normal faculties have been impaired, a lawful arrest can be made and the driver is legally obligated to provide a blood, breath, or urine sample to determine the amount of alcohol in their system.
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 that 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.
If you have been arrested for DUI and initially refused to provide law enforcement with a sample to enable them to determine your BAC, you need the immediate assistance of an experienced Miami criminal defense attorney before it is too late. Contact The Hoffman Firm at (305) 249-0090 today or submit an online contact form so our talented team can begin reviewing your case and preserving your rights.
What is an Administrative Suspension?
Under Florida law, an "administrative suspension" is the immediate suspension of a person's privilege to drive a motor vehicle on Florida roadways by the arresting officer physically seizing the person's driver's license and issuing them a 10-day temporary driving permit.
An administrative suspension occurs when the driver's BAC, or blood alcohol concentration, has been determined to be 0.08 or higher, or the driver refused to comply with the testing of his or her breath, blood, or urine.
A person that has been arrested in Florida for DUI only has ten (10) days from the date they were arrested to contest the administrative suspension of their driver's license by requesting a formal review hearing.
- Administrative Suspension Periods:
- First Refusal:
- Driver's License Suspended for a Twelve (12) Month Period
- Second or Subsequent Refusal:
- Driver's License Suspended for an eighteen (18) Month Period
Administrative Suspension – Persons Under the Age of 21
Under certain circumstances, Florida law permits law enforcement officers to detain persons under the age of 21 in order to determine their blood alcohol concentration by way of testing their breath, blood, or urine.
Florida Statute 322.2616 states that law enforcement officers have the authority to detain a person under the age of 21 and explicitly request them to submit to a chemical test to determine their BAC under the following circumstances:
- The Driver is Under the Age of 21,
- The Driver was Driving or in Physical Control of a Motor Vehicle, and
- The Law Enforcement Officer had Probable Cause to Believe the Driver Consumed Alcohol
A person under the age of 21 that refused to comply with chemical testing to determine their BAC will automatically have their driver's license suspended for a twelve (12) month period.
- Administrative Suspension Periods – Under Age of 21:
- First Refusal:
- Driver's License Suspended for a Period of twelve (12) Months
- Second or Subsequent Refusal:
- Driver's License Suspended for a Period of eighteen (18) Months
Florida Resources for DUI Refusal
National Safety Council – Visit this website to acquire more information about the National Safety Council and their mission to prevent injuries and death on roadways through leadership, research, education, and advocacy.
Miami-Dade County Clerk of the Courts – Visit this website if you have been arrested for drunk driving and would like to access additional information regarding your pending court case or any pending litigation in criminal court, civil court, or traffic court through the Miami-Dade Clerk of Courts' online database.
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 and serving a lengthy period of confinement. You need to acquire the assistance of an experienced Miami DUI refusal criminal defense attorney to help shield you from the severe punishments that could result.
Attorney Hoffman of The Hoffman Firm has successfully represented clients faced with the consequences produced by DUI refusal throughout Aventura, North Miami, Miami Beach, Coral Gables, and various cities throughout Miami-Dade County, Florida.
Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so we can begin reviewing your legal matter and begin preserving your freedom.