In Florida, when you are arrested for DUI the law is that the very act of driving on the state’s highways means you are considered to have consented to giving a breath test. That said, there are instances where you can refuse to submit to the breath test. If there has been an accident with injury involved with your stop, there is no right of refusal. Refusing to submit to the breath test is also not an action that is without consequence.

The implied consent law contains certain punishments associated with a person’s refusal to take breath or blood test. The possibilities include:

● Loss of driving privileges for one year for a first time offender.

● Loss of the ability to drive for eighteen months for second or subsequent offenders.


Refusal to test will also be used as evidence by the prosecution in its case against you. The cost of refusal is therefore significant. A more effective defense of a DUI charge is to find the loopholes in the case, and the point out the errors made by the officer or with the testing equipment. There are countless instances where the test results are faulty, and can be attacked. We investigate the facts of your case and develop a defense that fits.

For more information about implied consent and the right of refusal, call an experienced criminal defense attorney in Stuart and the Treasure Coast. We work with you to tailor a defense that fits the specific facts of your case. We offer an initial consultation for no charge.