What happens if you refuse to take a breath test?
Depending on the circumstances, a refusal can lead to license suspension, jail time, fines, and having to install an ignition interlock device (IID). Additionally, if your case goes to trial, the prosecution can typically use your refusal against you—arguing that you knew you were intoxicated and that’s why you refused to take the test.
What happens if you refuse to take a BAC test?
The penalties for refusing to take a BAC test are in addition to the standard penalties for a DUI. The penalties for refusal are as follows: First Offense: License suspension for 1 year. Second and Subsequent Offenses: License suspension for 18 months and first degree misdemeanor charges.
What’s the penalty for refusing a warrantless blood test?
20 days jail; mandatory IID; fines up to $3,000 (jail can’t be imposed for refusal to submit to a warrantless blood test) 60 days jail; mandatory IID; fines up to $4,000 (jail can’t be imposed for refusal to submit to a warrantless blood test)
Can a person refuse to take a DUI test in Florida?
No. If you are arrested and charged with a DUI, you may choose not to take a breath or blood BAC (blood alcohol content) test. However, a refusal to do so will have serious consequences due to Florida’s implied consent laws. What is Implied Consent?
In these states, any time an officer asks a suspect to take a breath test or provide a blood or urine sample, the person’s license can be suspended if he or she refuses. In some states, a driver cannot be penalized for refusing a test unless the officer first informs the driver that the driver has no right to refuse.
What happens if you refuse a chemical test for DUI?
Refusing a Chemical Test as a Legal Strategy. In some circumstances, a driver might be better off refusing a chemical test. Generally, a refusal will lead to license suspension but make it more difficult for the prosecution to prove the DUI charge in court.
Can a driver refuse to take a blood test?
In some situations, a refusal post-arrest can be overcome: a non-consensual blood test may be allowed in rare circumstances. When a police officer pulls over a motorist suspected of driving under the influence of drugs or alcohol (DUI or DUID), the officer will normally ask the driver to take a blood, breath, or urine test.
When do police ask you to take a drug test?
When a police officer pulls over a motorist suspected of driving under the influence of drugs or alcohol (DUI or DUID), the officer will normally ask the driver to take a blood, breath, or urine test. The purpose of the test is to determine whether drugs and alcohol are present in the driver’s body.