DALE CARSON LAW

Refusing a breath test in the state of Florida can result in additional criminal penalties, on top of a DUI charge, if there is, what’s called a prior refusal, meaning this is not a first DUI. A subsequent refusal can actually result in a wholly separate criminal charge. Additionally, even if it is a first DUI, refusing a breath test can actually result in additional sanctions on someone’s driver’s license. With that said, refusing a breath test may make it more difficult for a prosecutor to prove a DUI case. So there is a bit of a strategic decision that has to go into whether it makes sense to blow, or give blood or urine, or to refuse in a DUI.