Florida Board Certified Expert in Criminal Law - Broward County DUI Defense Lawyer HOME CONTACT LINKS OFFICE LOCATION SITEMAP Question: Should I agree to take a DUI chemical test? What happens if I don't? ANSWER: The adverse consequences to refusing to submit to a breath or blood test (or urine if neither is available or if drugs are suspected) are:: A driver's license will be suspended for a minimum of one year rather than for a minimum of six months for blowing over the legal limit; if this is a second or subsequent refusal, the suspension is for eighteen months. A driver who refuses to submit to a breath test cannot obtain a hardship license that authorizes driving for business purposes until after 90-days without any permit expires. A refusal, if alleged, is a first degree misdemeanor. See §316.1939, Fla.Stat., Refusal to submit to testing; penalties. The fact of refusing can be introduced into evidence at trial as evidence of "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal, such as fear of needles or inability to blow into the machine hard enough. Thus, the decision is one of weighing the likelihood of an potentially incriminating blood-alcohol result versus the consequences of refusing. 7 of 20 Previous | INDEX | Next These questions and associated answers have been adapted to Florida law with permission from Lawrence Taylor.

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