Breath Test Refusal Attorney in Dunedin, Florida

If you are driving home after having a few alcoholic beverages and see flashing blue and red lights in your rear-view mirror, you might get that uncomfortable and anxiety-inducing "uh-oh" feeling.  

Your heart starts racing, your mouth becomes dry, and your muscles tense. Your body is in panic mode at this point. And who can blame you? Given that Florida imposes strict penalties for DUI offenses, you have every reason to panic. When a police officer suspects that you were drinking and asks you to submit to a breath test, you may think that nothing good will come out of it, so you refuse to take the test.  

Whether or not you made the right decision doesn’t matter at this point because you have to deal with a new problem: you are facing consequences for your refusal on top of DUI charges. Hundreds of people have come to my office at Venessa Bornost, P.A., and reached out by phone with the exact same problem.  

As a breath test refusal attorney in Dunedin, Florida, I understand what you’re going through right now, and I want to help.

I genuinely care about what’s best for my clients. I use my criminal defense knowledge to work tirelessly to protect your driving privileges and your reputation and get you back on the road.  

Can You Refuse a Breath Test in Florida?

Law enforcement officers use three main tests when they suspect that someone has been driving under the influence of alcohol:  

1. Field sobriety tests 

2. Breath test (also known as the “breathalyzer” test) 

3. Blood test 

Of these three tests, the only one you cannot refuse under Florida’s implied consent law is a blood test. While you can refuse field sobriety tests and a breath test when stopped on suspicion of drunk driving, you will face immediate consequences for refusing a breath test. 

Note: If you refuse a breath test after being involved in an accident that resulted in injuries to others, the police can force a blood draw.  

The Consequences of Breath Test Refusal

When a police officer tells you, “Sir/ma'am, I will need you to take a breath test,” you will want to know the potential consequences of refusal before agreeing or refusing the test. In Florida, such consequences include: 

• An immediate, on-the-spot administrative suspension of your driver’s license (you have a right to challenge the suspension by requesting a formal hearing within 10 days of your arrest);  

• The argument of “consciousness of guilt,” which can be used against you at your DUI trial; and  

• The second and any subsequent breath test refusal can be charged as a separate offense known as “refusal to submit.”  

The length of the license suspension depends on whether it’s your first refusal or you have refused a breath test in the past. If it’s your first refusal, your license will be suspended for a year. A second and subsequent refusal carries a license suspension of 18 months in addition to a fine of up to $1,000. 

A person is considered to have refused a breath test when they explicitly tell the officer they won’t submit to testing, they are uncooperative to the point that makes testing impossible, they are silent, or the officer is otherwise unable to complete the test.

It may be possible to suppress the evidence of a refusal if your attorney can prove there is no probable cause to stop your vehicle or arrest you. That’s why you might want to discuss your specific situation with a Dunedin breath test refusal attorney.  

In Florida, your refusal to submit to a breath test automatically makes you ineligible for the pre-trial diversion program that exists for first-time offenders. The program allows eligible individuals to avoid criminal prosecution, get the charges against them dismissed after successful completion, and have a right to request the removal of the DUI arrest from the record.  

How Can an Attorney Help if You Refuse a Breath Test? 

As a Florida breath test refusal attorney at Venessa Bornost, P.A., my ultimate goal is to help clients get their DUI charges dismissed or, at the very least, reduce the penalties. I offer my clients in Dunedin, Florida, and throughout Hillsborough County and Pasco County full-service legal support, which includes: 

• Thorough and prompt investigation of the facts to determine whether the police had probable cause to stop your vehicle or arrest you 

• Dissection of law enforcement actions to identify procedural errors 

• Analysis of the evidence presented against you to find weaknesses or inconsistencies 

• Collection and preservation of evidence to bolster your case 

• Negotiation with the prosecution to get a favorable deal 

• Personalized attention and thoughtful advice at every step of your case 

• Representation of your interests at trial 

When facing DUI charges, your refusal to submit to breath testing can be used against you as a confession of guilt. That’s why there’s an increased need for legal representation in DUI cases where the defendant refuses a breath test. If this sounds like your situation, do not hesitate to reach out to my law firm.