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DUI Refusal in Pasco County

In about 40% of DUI cases in Florida, the driver refuses to submit to testing of the breath, blood, or urine.

If you were arrested for DUI, then the arresting officer requested that you submit to a breath test, blood test, or urine test. If you are accused of refusing to submit to testing, then we have good news and bad news.

The good news is that if you refuse to submit, the prosecutor does not have any evidence to show your breath or blood alcohol concentration.

The bad news is that if you refused to submit to a chemical test after a lawful arrest, then evidence of the refusal can be used at trial to argue that you were “conscience of your guilt.”

The administrative suspension for refusing to submit is 12 months for a first refusal or eighteen months for a second or subsequent refusal.

In addition to the increased administrative suspension for a second refusal, if you were previously accused of refusing to submit to a breath test, then a second refusal can be charged as a separate crime in the criminal case.

In fact, a second refusal can be charged as a first degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine, under Florida Statute Section 316.1939.

Attorneys for a DUI Refusal in Pasco County, FL

If you were arrested for DUI with a refusal to submit to a breath, blood, or urine test, in Pasco County, FL, then your case will be prosecuted at the courthouse in Dade City or New Port Richey, FL.

The Pasco DUI refusal defense attorneys at Sammis Law Firm have an office in New Port Richey across from the courthouse at the West Pasco Judicial Center.

Find out why we recommend that you demand a “formal review hearing” within 10 days of your arrest to contest the twelve (12) or eighteen (18) month administrative suspension of your driver’s license.

For a second DUI case in Pasco County, FL, the formal review hearing is conducted at the Bureau of Administrative Review office in Tampa, FL.

We can begin your defense today. Call 727-807-6392 today.


Elements of a Second Refusal to Submit to DUI Testing in Pasco County, FL

In order to establish a prima facie case for Refusal to Submit to Testing under Florida Statute Section 316.1939, the prosecutor must prove the following elements beyond all reasonable doubt at trial:

(1) A law enforcement officer had probable cause to believe the defendant drove or was in actual physical control of a motor vehicle in this state while under the influence of an alcoholic beverage to the extent that the defendant’s normal faculties were impaired.

(2) The law enforcement officer lawfully arrested the defendant for Driving Under the Influence (DUI).

(3) The defendant was informed that if she refused to submit to a chemical test of her breath, his or her privilege to operate a motor vehicle would be suspended for a period of one year, or, in the case of a second or subsequent refusal, for a period of 18 months.

(4) The defendant was informed that it is a misdemeanor to refuse to submit to a lawful test of her breath, if her driving privilege had been previously suspended for a prior refusal to submit to a lawful test of her breath.

(5) The defendant, after being so informed, refused to submit to a chemical test of his or her breath when requested to do so by a law enforcement officer.

(6) The defendant’s driving privilege had been previously suspended for a prior refusal to submit to a lawful test of her breath.

The elements of a second refusal can be found in Florida’s standard criminal jury instructions in chapter 28.13.


What Constitutes a DUI Refusal to a Breath Test?

A request for a breath test is the most common chemical test requested. The most common type of refusal involves the defendant saying: “No thank you, I refuse to submit.”

But the prosecutor might be able to present a DUI refusal case to the jury if any of the following occurred:

  • the defendant agreed to submit to the breath test but then was unable to provide two breath samples of sufficient quantity within the allowed time period;
  • the defendant provided two breath samples, which are not within .02 of one another, but then refused to submit to a third breath test; or
  • the defendant became abusive or argumentative toward the arresting police officer when asked to submit to a breath test.

Uncovering Police Misconduct for DUI Cases in Pasco County, FL

Find out more about how Jason Sammis uncovered evidence of police misconduct at a DUI checkpoint in Pasco County, FL, which led to the dismissal of a charge of driving while license suspended (DUI).


Additional Resources

DUI School in Pasco County – Find information on the DUI school in Pasco County, FL, located at 7619 Little Road, Suite 350 in New Port Richey, FL. When you appear for the first meeting, bring your DUI citation, criminal report affidavit or police report, any court order, and one form of identification. Level I DUI school is $272.00 and Level II DUI school is $412.00.  You can enroll in DUI school for Pasco County in person or online. If you enroll online at www.aboutpride.org then you will be charged a fee of $7.00.


This article was last updated on Monday, October 7, 2019.

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