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Right to Refuse DUI Testing

South Florida DUI Test Refusal Lawyers

Every motorist who accepts a driver’s licenses in the state of Florida is considered to have given his or her consent to submit to chemical testing if he or she is suspected of driving under the influence (DUI). If a driver refuses to submit to a chemical test, he or she could potentially be facing two criminal charges: DUI and refusal to submit.

While declining a blood, breath, or urine test prevents law enforcement from having evidence against an alleged offender, prosecutors will often argue that the refusal itself was the driver’s acknowledgment of his or her guilt. Other observations made by police officers will be used to support any claims that a motorist was guilty of DUI, and a conviction can have very stiff consequences when the alleged offender is also deemed guilty of refusal to submit.

Palm Beach County Right to Refuse DUI Testing Lawyer

Were you arrested for DUI in South Florida after refusing to submit to a chemical test? You will want to make sure that you have legal counsel who will fully investigate the circumstances surrounding your traffic stop and test refusal as part of a dedicated effort to get these criminal charges reduced or dismissed.

The experienced DUI test refusal attorneys at Meltzer & Bell, P.A. fight to get the most favorable outcomes for clients in communities throughout Broward County, Miami-Dade County, and Palm Beach County. Our firm will provide an honest and thorough evaluation of your case as soon as you call (561) 557-8686 to take advantage of a free, confidential consultation.

Florida DUI Testing Refusal Information Center

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Implied Consent to DUI Testing in Fort Lauderdale

Florida Statute § 316.1932 establishes the implied consent of every motorist to tests for alcohol, chemical substances, or controlled substances. The first sentence of the statute states:

Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.

When a driver is stopped by a police officer who suspects that the motorist may be under the influence of drugs and/or alcohol, the officer will read a standard implied consent warning. This typically begins with him or her stating, “I am now requesting that you submit to an approved test of your” breath, urine, or blood for the purpose of determining either “the alcoholic content of your breath,” “the presence of any chemical or controlled substance” in the alleged offender’s urine, or the blood’s “alcoholic content and/or the presence of any chemical or controlled substance.”

After reading that introductory sentence, the officer will ask the driver whether he or she will take the test. If he or she refuses, then the officer notifies the alleged offender that failing to submit to the requested test will result in a one-year suspension of driving privileges for a first refusal and an 18-month suspension if he or she has been previously suspended as a result of such refusal.

The police officer also notifies the alleged offender that refusal to submit is a misdemeanor, and any refusal will be admissible into evidence in any criminal proceeding. The alleged offender is then asked again whether he or she still refuses to submit to the test.

However, all of this assumes that the police officer had the right to stop the vehicle and the right to suspect the motorist was DUI. Despite the language of Florida’s implied consent statute, drivers still retain the right to refuse to submit to breath, blood, or urine tests.

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Consequences of Refusing DUI Testing in Palm Beach County

A refusal to submit to these tests will trigger an automatic suspension of driving privileges. Motorists have 10 days to request a formal review hearing to contest the suspension, and they may be able to obtain a permit that allows them to continue driving while fighting the administrative suspension.

If no hearing is requested, then drivers who refused tests for the first time will be forced to wait 90 days to apply for a hardship license that allows them to drive only for employment or business purposes. If a driver has previously had his or her license suspended because of a refusal to submit, then failure to request a hearing will mean he or she will be unable to drive for any reason for 18 months.

In addition to the specific punishments associated with a DUI conviction, a driver who is convicted of test refusal will be also guilty of a first-degree misdemeanor punishable by:

  • Up to one year in jail
  • Up to $1,000 in fines

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Florida Refusal to Submit to DUI Testing Defenses

While police officers may attempt to argue that drivers were defiant in their failure to submit to a requested chemical test, there are several defenses that may be used to counter these claims. Depending on the specific circumstances of the case, defenses may include, but are not limited to:

  • No actual refusal
  • Driver charged with refusal for wanting to speak to an attorney first
  • Medical condition prevented driver from taking specified test
  • Driver charged with refusal for submitting insufficient sample that was actually equipment issue
  • No probable cause for traffic stop
  • Police officer did not read implied consent warning

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Meltzer & Bell, P.A. | A DUI Test Refusal Lawyer in Fort Lauderdale

If you have been charged with refusing to submit to a DUI test, be sure to get legal representation as soon as possible. Meltzer & Bell, P.A. aggressively defends clients all over South Florida, including Riviera Beach, Royal Palm Beach, Lake Worth, Greenacres, Palm Beach Gardens, Jupiter, Wellington, Delray Beach, Boynton Beach, Boca Raton, West Palm Beach, and more.

Our firm fights to minimize the penalties that alleged offenders face after being arrested. Call (561) 557-8686 today to let our right to refuse DUI testing attorneys review your case during a free legal consultation.

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Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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