If you are pulled over along Highway 98 or the 30A corridor on suspicion of driving under the influence, you will likely face a critical question from law enforcement: “Will you submit to a breath or blood test?” You might think you have an absolute right to say no. However, under Florida’s strict “implied consent” law, refusing these chemical tests triggers immediate, automatic legal consequences. Navigating this high-stakes situation requires an experienced DUI attorney from Matthews & Matthews, LLP to protect your rights and guide you through the process. Here is what you need to know about refusing a breathalyzer or blood test on the Emerald Coast. Schedule a consultation today.
Implied Consent is Automatic
By simply driving on Florida roads, you have already legally consented to take a breath, urine, or blood test if an officer has probable cause to believe you are driving under the influence.
An Immediate License Suspension
If you refuse a lawful test, the state will automatically suspend your driver’s license for one year for a first offense. If it is your second or subsequent refusal, your license will be suspended for 18 months, and the refusal itself becomes a misdemeanor crime.
The Refusal Can Be Used Against You
Choosing to refuse does not keep your case out of court. The prosecution can introduce your refusal to a jury as evidence of a “consciousness of guilt,” arguing that you said no because you knew you were over the legal limit.
SCHEDULE A CONSULTATION TODAY
While refusing a breathalyzer can prevent the state from obtaining direct chemical evidence of your BAC, it does not stop an arrest, and it guarantees a swift administrative battle to save your driving privileges. If you are facing a refusal or a DUI charge, you do not have to fight it alone. Contact Matthews & Matthews, LLP—a dedicated DUI defense lawyer and trusted DUI law firm on the Emerald Coast—to build a strong defense for your future.