- Refusal to Submit to Breath Test
If you have been arrested in the Orlando area for failing to submit to a breath test in violation of Florida Statute 316.1939 or if the officer has accused you of refusing a breath test during your DUI arrest, the attorneys of Finebloom & Haenel are available to assist you by calling 407-218-6277.
If you look closely at the bottom your driver’s license underneath your signature, there is a statement written in very tiny letters that says “operation of a motor vehicle constitutes consent to any sobriety test required by law.” This means if you refuse to take a breath test after a DUI arrest you may be charged with a crime.
In order to be charged with a refusal of a breath test under 316.1939 you must have previously refused a breath test. You can not be charged for a first offense. BUT your license will be suspended for a period of one year if you refuse. If you refuse more than once, the suspension period is extended to 18 months!
However there are several ways to challenge a refusal. For instance:
- Was there probable cause to believe you were under the influence? If not the officer cannot require you to take a breath test.
- Were you read implied consent in the proper manner? Improper reading of the implied consent – or failing to read it at all – can be a defense.
- Did you recant your refusal but the officer could not be bothered to allow you to take it after you reconsidered? This is not allowed.
- Did you attempt to take the test but the machine worked improperly and so the officer wrote down a refusal rather than documenting a malfunctioning machine?
These are just some of the defenses you may have for refusing a breath test. If you have been arrested or accused of failing to submit to a breath test, call the experienced team of Finebloom & Haenel at 407-218-6277 right now to discuss your options. We are available 24/7 to consult with you. Don’t delay! Call us now to protect your driving privilege.
