Breath Test Refusals

Tampa Florida Breath Test Refusal DUI Lawyer

In Tampa Florida, if you have been placed under lawful arrest for driving under the influence (DUI) of alcohol or drugs, you will be asked to submit to a chemical test in order to determine your blood alcohol level or if drugs are in your system. You are required to submit to this test under Florida’s “implied consent” laws – and your refusal may result in additional penalties as well as the suspension of your driver’s license. In addition, if you have previously refused a breath, blood or urine test, and you refused in this case, you will face an additional crime pursuant to Florida Statute 316.1939 called "Refusal To Submit", whereby you face up to 1 year in jail. Even if you refused a breathalyzer test, blood or urine test, an experienced Tampa DUI attorney can still help.

Although refusing the breathalyzer test when arrested for DUI results in an automatic driver's license suspension, there are certain types of defenses that may help you in this very difficult legal situation. At Parks & Braxton, the experienced DUI defense attorneys have successfully defended many individuals who have refused the breath test (click "recent court wins" to see the actual results). However, it is crucial that your case be evaluated without delay if this is your situation.

Any time an individual refuses the breath test, there are certain procedures that must be followed by law enforcement. Every detail of the arrest and the evidence against you must be immediately reviewed and evaluated by a skilled DUI defense lawyer. If you have refused a breath test, you can expect the prosecutor to use the information as evidence of impairment against you. However, there are a number of defenses that apply in a refusal case. When you review the firm's recent court wins, any case that does not provide a breath or blood sample, or a urine result, is a refusal case.

When you consult a Tampa DUI defense lawyer at Parks & Braxton, the attorney will give you a free initial consultation regarding your case. In working together, a lawyer from the firm will do whatever is necessary to build a strong defense on your behalf. An attorney may be able to use one or more of many defenses to a breath test refusal:

• That you refused beacause you were already under arrest and did not see the benefit to taking the test.
• That you were not informed of the consequences of refusing a blood or breath test.
• That you were simply unable to provide a sample at the time of arrest, due to a medical condition or injury.
• That the “refusal” the officer recorded was actually not a refusal but was a misunderstanding either on your part or on the part of the officer.

A breath test refusal will affect both your criminal case and your DMV hearing, and so it is important to choose carefully who you will have to represent you. Your Tampa DUI attorney will make all the difference in your case.

Tampa Florida Breath Test Refusal Lawyer

When you sign for and receive a driver’s license in Florida, you are agreeing to submit to chemical testing if you are arrested for driving under the influence of alcohol or drugs. Therefore, when you refuse or are accused of refusing a blood, breath or urine test, you may face consequences, even though there will be no evidence to submit in court that shows your breath alcohol content at the time of arrest.

• Your refusal may be used in court to show a “consciousness of guilt”
• First offense: the DMV will suspend your license for 1 year
• Jail time if you have previously refused a breath, blood or urine test