Refusing a Breath Test in Sanford or Lake Mary: What Happens Next?

Driving under the influence (DUI) stops in Sanford or Lake Mary can go from bad to worse in an instant. One minute, you may simply be chatting with an officer on the side of the road, and the next minute, you might suddenly find yourself being asked to take a breath test.

Some people get flustered and refuse out of fear. They refuse, thinking it will help their case. And, honestly, some people just refuse because they don’t fully understand what refusal means. But what actually happens if you refuse a breath test in Seminole County, though? You’ll be surprised at the answer. 

Florida’s Implied Consent Law in a Nutshell

Florida’s DUI laws are based on the legal concept of implied consent. In simple terms, implied consent means you’ve already consented to a lawful breath, blood, or urine test when you got your Florida driver’s license to operate a vehicle in the state.

However, it is important to note that the test can’t be random. But if an officer has probable cause to believe you are under the influence and certain conditions are met, your refusal to take the test comes with automatic consequences, even before you ever set foot into a courtroom.

The Immediate Consequences: License Suspension 

The first-time offender who refuses a breath test will have their driver’s license suspended for 365 days. For repeat offenders, refusal results in an 18-month license suspension. Florida HSMV calls these suspensions administrative, but to the person who was just pulled over for DUI, they can certainly seem like criminal charges.

Yes, You Can Still Be Arrested for DUI After a Refusal

Many people who refuse a breath test in Florida do so believing it will prevent arrest. It doesn’t. But Florida law enforcement officers can and often do arrest you for DUI based on any number of factors, including:

• Odd driving patterns 
• Your appearance 
• Your performance on field sobriety tests
• Statements made while stopped 

To be clear, refusing the breath test does not prevent an arrest. It is likely to occur, even after the refusal.

Your Refusal Can Be Used Against You in Court

Another surprise for many drivers is that refusing the breath test is something that the prosecutor can use against you. In fact, prosecutors love using it as an admission of guilt.

Florida prosecutors are not only allowed to tell the jury that you refused a breath test, but they have to tell them you refused and use that to form an argument that you knew you were guilty and didn’t want to admit it by submitting to the breath test.

This doesn’t mean the prosecutor’s argument will necessarily win. But it does mean that your refusal is not just a secret between you and the State of Florida.

You Have Very Little Time to Act After a Refusal

Florida gives a person 10 days to contest the refusal to take the breath test. If 10 days pass without action, your license will be suspended for 1 year.

A lot can happen in 10 days. The key point here is that it’s 10 days, not 90. It’s one of the most crucial moments in a Florida DUI case, and also one of the easiest for a person to miss if they don’t know about it.

Can You Still Drive After Refusing? 

If you refuse a breath test in Seminole County, you might be eligible for what’s called a hardship license. This is not your regular driver’s license, but it would still allow you to drive to work, school, medical appointments, or church. Whether you qualify for a hardship license depends on several factors, including:

• Driving history 
• Whether or not this is your first refusal
• Meeting certain deadlines 

Waiting too long or making the wrong move too early can forfeit this opportunity.

Is Refusing Ever the “Right” Choice? 

The answer to this one is: It depends. In some situations, refusing a breath test can actually help a driver by limiting the prosecution’s evidence. This is because, if there is no breath test result, the prosecutor lacks that key BAC number to use against you. That makes a Florida DUI case that much harder to prove.

Of course, if the field sobriety tests were bad, or the stop itself was questionable, it can make sense for a driver to refuse a breath test. And when there are drugs (as opposed to alcohol) in the mix, a refusal sometimes has its place.

At other times, refusal is more harmful than helpful. You need to look at the specific facts of your case, not generalities you heard from a friend on social media.

What About Blood or Urine Tests? 

If you refuse a breath test, that’s not always the end of the line for being tested. Blood or urine tests can and do sometimes follow, especially if:

• The DUI involves a serious accident (death, hospitalization)
• Illegal drugs are the primary issue 
• The officer has a warrant 

Refusing a breath test is not a “get out of jail” card for refusing all tests in Florida.

Field Sobriety Tests vs. Breath Tests 

Field sobriety exercises are voluntary. Breath tests under the implied consent law are not.

Many people who drive in Seminole County don’t fully appreciate the importance of what they do before being asked to take a breath test. Performance on field sobriety exercises can provide or defeat probable cause, and excellent (or poor) performance in that area can sometimes even affect the prosecution’s case on the breath test issue.

The Pre-Arrest Stage of a Florida DUI Case Matters More Than You Think

Prior DUIs and refusals can change everything. Refusing a breath test for the second time, or if you have prior DUIs, is an entirely different proposition than the first time. Not only will your license suspension be longer, but you could also face criminal charges for the refusal itself. You also face longer and more severe DUI penalties on conviction.

Challenging the Stop, the Arrest, and the Suspension

Not every traffic stop is valid, not every arrest is based on probable cause, and not every license suspension stands up to legal scrutiny.

Traffic stops, implied consent arrests, and license suspensions may be attacked if, for example:

• The traffic stop itself was not supported by reasonable suspicion
• The officer did not provide implied consent warnings
• The person did not clearly or knowingly refuse a breath test
• The officer or the Department of Highway Safety and Motor Vehicles (DHSMV) did not follow proper procedures

Early Decisions Matter. Get the Help You Need Today

Florida DUI cases move very fast during the first few days and weeks. Roadside statements, decisions about whether to take a breath test, and early administrative deadlines can all dictate what happens later.

Refusing a breath test in Seminole County or Sanford is a decision that should be made carefully, as it can help in some cases and harm in others. Contact us today to discuss the specifics of your case.