In Florida, operating a motor vehicle is classed as a privilege extended to you by the government. When you accept this privilege, you also accept the right of a law enforcement officer to administer a breath, blood, or urine test to determine whether you are driving under the influence of drugs or alcohol. In accordance with Florida Statute 316.1939, Refusing to submit to a breath test is a criminal offense in Florida and is classed as a first-degree misdemeanor, which is punishable by up to a year in prison under certain circumstances. It also outlines that drivers have already given implied consent to be submitted to a breath test, and failing to abide by this will get your license immediately suspended.
Here at The Law Place, we have a team of experienced Tampa DUI attorneys who are more than willing to take your case. Our team of Florida DUI attorneys will guide you every step of the way and do the best they can to shield you from the penalties involved with a refusal to consent to a breath test.
Call us today and book a free consultation with one of our Florida criminal defense attorneys (941) 444-4444.
What Penalties Are Involved With a Refusal to Take a Breath Test Following a DUI arrest?
If you refuse a breath test in Tampa, you could be making your DUI charge worse, as this comes with some serious penalties. That being said, you can still refuse to submit to one unless you have been involved in an accident that caused personal injury or property damage. In which case, by Florida law, you must submit to a breath, blood, or urine test. We do not advise that you refuse to take the test, but if you do, here are the penalties you could incur:
- First refusal – Your driver’s license will be suspended for a period not exceeding 12 months.
- Second refusal – Your driver’s license will be suspended for a period not exceeding 18 months. You will also be charged with a first-degree misdemeanor.
You also must be aware that if you refuse to submit to a breath, blood, or urine test in Tampa, it will be admissable to use, as evidence, in court for any other legal proceedings you have ongoing. If you have refused a breath test in Tampa, it is imperative that you contact a DUI defense lawyer as soon as possible. You will need to build a solid defense, and a lawyer from our law firm will help you every step of the way.
For a free legal consultation with a breath test refusal lawyer serving Tampa, call 941-444-4444
What Should You Do After Refusing to Submit to a Breath Test?
The first thing we advise you to do is to call a criminal defense lawyer. Facing these charges on your own could result in some serious penalties. A Florida DUI defense lawyer from The Law Place will help you navigate your charges and determine the best way to build a defense.
Following a DUI arrest or DUI refusal, you will have 10 days to apply for a hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Failure to do this will result in you waiving your rights to dispute the charges bought against you. In this hearing, your attorney may be able to get your license reinstated, but only so you can drive for work, school, medical, or religious purposes.
This hearing is a very important part of your case. It is a chance for your Florida criminal defense attorney to cross-reference witnesses, such as the arresting officer. They will be able to determine whether the officer had probable cause to pull you over, whether his breath tester was in good working order, and whether the consequences for refusing a breath, blood, or urine test were properly explained to you.
If you are unsure of how to apply for this hearing, then speak to a DUI refusal attorney at The Law Place today! Book a free consultation today, and we can start fighting your case.
Tampa Breath Test Refusal Lawyer Near Me 941-444-4444
How Much Will a Tampa DUI Attorney Cost Me?
The cost of a criminal defense attorney can vary massively depending on the skill of the attorney. When it comes to defending you against a DUI refusal, you really get what you pay for. If you spend very little, you will get an inexperienced Tampa DUI lawyer who has not worked on many cases like yours. If you are willing to spend more, you will get an experienced DUI defense attorney, like those from The Law Place. We only have the best attorneys at our law firm, and they will fight for you every step of the way.
You must also take the details of the case and arrest into account when predicting the price of an attorney. Any complications during your arrest could result in your attorney costing much more. Here are some of the things that will drive the price up:
- If your arrest involved personal injury or death.
- If your arrest involved an accident or property damage.
- If this was your first DUI.
- The time between DUIs. If you are being arrested for a DUI for the second time in 10 years, your penalties will be much worse.
- If you attempted to assault the arresting officer or anyone else at the scene of your arrest.
- Your past convictions.
Any of these situations will make an attorney much more expensive as they have much more to defend you from. Here at The Law Place, we have your best interests at heart, and we will fight for you every step of the way. We strive for transparency in all of our costs, and a Florida DUI lawyer will answer all of your questions in your free consultation.
Click to contact our Tampa Criminal Defense Lawyers today
Contact Us at The Law Place Today!
Have you been arrested for a DUI in Tampa? Did you refuse to take a breath test? Call our law firm today and book a free consultation with a Florida DUI attorney. We will explain everything to you and begin to form a solid defense against the penalties you are facing.
Upon contacting The Law Place, a Florida DUI attorney will arrange a free consultation to discuss the details of your case. We will get the ball rolling immediately and book a hearing to appeal your charges.
Our Florida DUI attorneys have a combined experience of over 75 years, so you can feel comfortable that you are in safe hands. Our attorneys work together on every case. This sets us apart from other Florida law firms.
Call us now at (941) 444-4444.
Call or text 941-444-4444 or complete a Free Case Evaluation form