Breath Test Refusal Lawyer in Orlando, Florida

Refusing a breath test when suspected of driving under the influence (DUI) in Florida can lead to serious legal consequences. The moment you decline to take a breath test, you may feel overwhelmed and uncertain about the implications for your future. Breath test refusal can have immediate and long-lasting effects on your driving privileges and legal standing. 

If you or a loved one has refused a breath test, it is crucial to seek the assistance of a knowledgeable DUI defense lawyer. An experienced attorney can offer the aggressive representation you need to navigate these complex charges and protect your rights. 

That’s what we provide. Our firm is dedicated to defending your interests and striving for the best possible outcome for your case. Contact the team at Orlando Defense today to schedule a free consultation. 

We proudly serve clients throughout Orange and Osceola County, Florida. This includes vibrant communities like Orlando, Winter Park, and Kissimmee. Our reach extends to cities such as Maitland, Ocoee, and St. Cloud. Whether you're in Bay Lake, Apopka, or Zebllwood, we're here to provide knowledgeable legal representation for your felony DUI case. 

What Is Breath Test Refusal in Florida?

In Florida, when you operate a vehicle, you are considered to have given implied consent to submit to breath, blood, or urine tests if an officer suspects you of DUI. Breath test refusal occurs when an individual, upon request from law enforcement, declines to take the test meant to determine their blood alcohol content (BAC). Refusing a breath test can lead to significant penalties, including:
 

• Immediate driver's license suspension 

• Additional fines and legal repercussions 

• Enhanced penalties for any subsequent DUI convictions

Consequences of Breath Test Refusal

The consequences of breath test refusal are stringent and can affect your personal and professional life. Immediate legal consequences include: 

Driver’s License Suspension 

Upon refusal of a breath test, your driver's license will be automatically suspended. A first-time refusal results in a one-year suspension, while subsequent refusals can lead to an 18-month suspension and potential criminal charges. 

Criminal Penalties 

While refusing a breath test does not eliminate the possibility of a DUI conviction, it can result in additional criminal penalties if you are convicted. This could include fines, community service, probation, and even jail time, depending on the circumstances of your case. 

Impact on Future DUI Cases 

Refusing a breath test can be used as evidence in future DUI cases, potentially leading to harsher penalties and sentencing for subsequent offenses. It also establishes a prior refusal pattern, which can complicate your defense. 

Do I Need a Breath Test Refusal Lawyer? 

Yes. If you’ve refused a breath test, it's crucial to have experienced legal representation to defend your case. The prosecution will make every effort to use your refusal against you, by arguing it as an indication of guilt or trying to increase penalties.  

A skilled breath test refusal lawyer can challenge the circumstances of your refusal, investigate potential violations of your rights during the traffic stop, and develop a strong defense strategy. With professional legal support, you have a better chance of mitigating the consequences and preserving your driving privileges. 

Breath Test Refusal FAQ

Can you refuse a breath test if you haven't been drinking? 

While you may think you can refuse a breath test because you haven’t been drinking, the consequences for refusal are harsh and similar to failing the test. Even if you believe you are innocent, it is often advised to comply with the test and seek legal support afterward. 

What should I do if I refused a breath test in Florida? 

After refusing a breath test, the most important step is to consult with an experienced DUI defense attorney as soon as possible. They can guide you through the legal process, represent you at the DMV hearing to contest your license suspension, and prepare your defense for any criminal charges. 

Are there defenses against breath test refusal penalties? 

Several defenses may be applicable in breath test refusal cases, such as questioning the legality of the traffic stop, whether you were properly informed of the consequences of refusal, and if any procedural errors occurred during your arrest. A knowledgeable attorney can identify the best defense based on the specifics of your situation. 

Can I get my driver's license back after a breath test refusal? 

Yes, it is possible to get your driver's license reinstated after a breath test refusal, but the process can be complex. You may be eligible for a hardship license, which allows you to drive for essential purposes such as work or school. To apply for a hardship license, you will need to attend a DUI program and possibly present your case at a hearing. Consulting with an experienced DUI defense attorney can greatly increase your chances of successfully obtaining a hardship license.