DUI Refusal in Polk County

If you were arrested for DUI in Polk County, FL, the arresting officer probably asked you to submit to a breath test by blowing in a machine called the Intoxilyzer 8000. If you refuse to submit to that breath test, the arresting officer reads an implied consent warning.

The warning explains that if you fail to take the requested test of your blood, breath, or urine, the refusal triggers a 12-month driver’s license suspension for a first refusal or a 18-month suspension for a second refusal. The 12-month or 18-month suspension is an administrative suspension that occurs immediately. For this reason, it is sometimes called the “on-the-stop” suspension.

If your driving privileges are otherwise valid, you might be eligible for a 10-day permit so you can drive to work, school, or church. Within those 10 days, you can hire an attorney to file a demand for a formal review hearing with the DHSMV Bureau of Administrative Review office. Demanding the formal review hearing is the only way to contest the administrative suspension.

Your attorney can also represent you in court as you fight the criminal DUI charge at the courthouse in Bartow in Polk County, FL. DUI cases are also prosecuted at courthouses in Winter Haven and Lakeland.

The best result is getting the charges dropped by the prosecutor or dismissed by the court. In some cases, the prosecutor might agree to reduce the DUI to a less serious charge, such as reckless driving.

Attorney for DUI Refusal in Polk County, FL

The attorneys at Sammis Law Firm represent clients charged with DUI-related crimes throughout Polk County, FL.

Learn more about the best defenses for charges of driving under the influence (DUI) under Section 316.193.1, F.S., or the separate criminal offense for Failure to Submit to Breathalyzer under Section 316.1939, F.S.

Set up a free and confidential consultation to discuss your case with an experienced attorney. We fight DUI charges throughout Polk County, including at the courthouses in Bartow, Winter Haven, and Lakeland, FL.

Call 813-250-0500.

Separate Charge for a Refusal to Submit

The prosecutors in Polk County, FL, are known for being particularly harsh in DUI cases, especially if you refused to take the chemical test of your breath, blood, or urine, which can be charged as a second degree misdemeanor punishable by up to 60 days in jail.

If you refused the breath, blood, or urine test, and your record shows a prior refusal, then you can be charged with a first degree misdemeanor punishable by up to 12 months in jail.

If you are charged with a second refusal, the clerk’s office in Polk County will code the charge on the docket as FAILURE TO SUBMIT TO BREATHALYZER in violation of Section 316.1939, F.S.

The Implied Consent Warning in Polk County, FL

For DUI cases investigated by deputies with the Polk County Sheriff’s Office, the arresting officer will fill out a “DUI Field Packet” which including the implied consent warning.

The template for the implied consent portion of the DUI field packet provides:

***If a driver voluntarily agrees to take a test, the Implied Consent Warning does not need to be read***

___ Breath Test – I am now requesting that you submit to a lawful test of your breath for the purpose of determining the alcohol content.

___ Urine Test – I am now requesting that you submit to a lawful test of your urine for the purpose of determining the presence of any chemical or controlled substance.

Request only if BrAC is UNDER 0.08. Consider contacting a DRE for a Drug Influence Evaluation.

___ Blood Test – I am now requesting that you submit to a lawful test of your blood for the purpose of determining the alcohol content or the presence of any chemical or controlled substance.

Consent is not needed for a DUI with Serious Bodily Injury (SBI) or Fatal crashes if there is reasonable suspicion of impairment.

If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of one year for a first refusal, or a period of 18 months if your privilege has been previously suspended, or if you have previously been fined under §327.35215, F.S. as a result of a refusal to submit to a lawful test of the breath, urine or blood, required under Chapters 316 or 327, F.S.

Additionally, if you refuse to submit to the breath or urine test I have requested of you and if your driving privilege has been previously suspended, or you were previously fined under §327.35215, F.S. for a prior refusal to submit to a lawful test of your breath, urine or blood, required under Chapters 316 or 327, F.S., you will be committing a first degree misdemeanor, in addition to any other penalties provided by law.

Refusal to submit to the test I have re uested of ou is admissible into evidence in an criminal proceeding.

Read to the driver of any vehicle if they hold a Commercial Driver License (CDL), in addition to the above warning

Failure to submit to such a breath or urine test or both, will result in the suspension of your privileges to operate a commercial motor vehicle for a period of one year for a first refusal, or in the case of a second refusal, your privileges to operate a commercial motor vehicle will be disqualified permanently.

A refusal to submit to a chemical breath or urine test upon request of a law enforcement officer as provided in this section shall be admissible into evidence in any criminal proceeding.

___ Do you understand the warning that I just read to you?

___ Do you understand that if you refuse to take the test, your privilege to operate a motor vehicle will be suspended for one year for the first refusal or a period of 18 months if your driving privilege has been previously suspended as a result of a refusal to submit to a lawful test of your breath, urine or blood? (Disqualified permanently if a commercial motor vehicle license with prior refusal)

___ Do you understand that if you refuse to take the test your refusal will be used against you as evidence in a criminal proceeding?

___ Do you understand that if you refuse to take the breath or urine test I have requested and if your driving privilege has been previously suspended, or you were previously fined under §327.35215, F.S. for a prior refusal to submit to a lawful test of your breath, urine or blood, required under Chapters 316 or 327, F.S., you will be committing a first degree misdemeanor, in addition to any other penalties provided by law?

___ Will you take the test that I am offering you?

Date Read

Note: If this is a refusal case, remember that a Refusal Affidavit must be attached to this report.

DUI Arrests by the Polk County Sheriff’s Office

The Polk County Sheriff’s Office is known for not having dash cams or body-worn cameras (BWCs). As a result, your attorney should act quickly to determine if any surveillance video of the arrest can be obtained from a local business.

Other law enforcement agencies in Polk County, FL, have dash cams and body-work cameras, including the Florida Highway Patrol. So your attorney can also determine if video from any of those officers should be obtained.

The Polk County Sheriff’s Office has increased the number of DUI arrests. For example, in March of 2023, PCSO deputies arrested 28 people for Driving Under the Influence of either alcohol or drugs. Out of the 28 people arrested, 7 were women, 11 were involved in a crash, and one had a child passenger.

Those 28 arrests do not include arrests in Polk County made by any of the city police departments or the Florida Highway Patrol.

This article was last updated on Friday, January 30, 2026.