Fort Myers DUI Test Refusal Lawyer

Can I Refuse a DUI Chemical Test in Florida?

Under Section 316.1932 of the Florida Statutes, anyone who accepts a driver's license in Florida, or anyone who is allowed to drive in this state is, by operating a motor vehicle, expected to have provided their consent to submit to a physical test or a chemical test.

License Suspension

In Florida, refusing to take a DUI chemical test can result in immediate consequences. Florida has implied consent laws, which means that drivers are deemed to have given their consent to a chemical test if they are lawfully arrested for DUI. If you refuse to take the test, your driver's license will be automatically suspended for one year for a first refusal, and 18 months if it is not your first refusal.

Used As Evidence Against You

It's important to note that this administrative suspension of your license is separate from any criminal charges you may face for DUI. Refusing a chemical test can also be used as evidence against you in court and can result in additional penalties if you are convicted of DUI.

If you do refuse the chemical test, it's important to speak with an experienced DUI attorney who can help protect your rights and defend against any charges you may face.

This includes one of the following to determine the blood alcohol concentration of their blood or breath while they were operating a motor vehicle:

  • Blood - As the law pertains to blood tests only a licensed physician, certified paramedic, registered nurse, license practical nurse, a person authorized by a hospital for drawing blood, or a licensed clinical laboratory worker acting at the request of a police officer is allowed to withdraw blood for the purposes of measuring controlled substances in a person's blood.
  • Breath
  • Urine

Under Florida law, the chemical test must be incidental to a lawful DUI arrest and it must be conducted at the request of a member of law enforcement who has sufficient reason to believe that the driver was in physical control of a motor vehicle while under the influence of alcoholic beverages. Additionally, even non-residents or anyone else driving in the state is deemed to have provided their consent to submit to a chemical test.

What Can Happen if You Refuse DUI testing?

When the police requests a chemical test in the form of a blood, breath or urine test, the officer is required to inform the suspect that their failure to submit to a chemical test will result in a one year driver's license suspension upon a first refusal. If the driver's license has been suspended before for a refusal, it will be automatically suspended for a period of eighteen months if they refuse again. Additionally, when a driver refuses to submit to a chemical test in a DUI stop, their refusal can be submitted as evidence for any criminal proceedings.

Chemical Tests for Drugs

In addition to alcohol, any person who accepts the privilege of driving in the state of Florida, is also assumed to have given their consent to submit to a urine test for the purpose of detecting the presence of any controlled substances.

These include:

  • Marijuana
  • Cocaine
  • Methamphetamines
  • LSD

Urine tests are to be administered at either a detention facility, or another facility that is properly equipped to administer a urine test that will both ensure accuracy while maintaining the suspect's privacy at the same time.

As with breath and blood tests, the suspect must be informed that his or her refusal to submit to a urine test will result in a one-year automatic driver's license suspension upon a first refusal and for a period of eighteen months if the person has had their license suspended before for such a refusal. When people refuse to submit to a chemical test in the form of a blood, breath, or urine test, then they commit a misdemeanor offense in addition to other penalties.

Calvo & Calvo, Attorneys At Law Chemical Test Defense

Breath, blood, and urine tests are not infallible, and even they are subject to interpretation and questioning. At Calvo & Calvo, Attorneys at Law, we have extensive experience challenging the admissibility and reliability of such tests. There are many ways that an error can occur during the administration of a chemical test; however, it takes the assistance of an experienced DUI attorney to unearth such flaws and use them to the client's advantage.

When it comes to DUI charges, they most certainly can be fought and won, and which Fort Myers DUI lawyer you choose to hire can make all the difference in the outcome of your case.

If you have been arrested for DUI and either submitted to a chemical test and registered above the legal limit, or if you refused to submit to a chemical test, then we urge you to contact our office right away. 


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