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 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 Second Refusal to Submit

The prosecutors in Polk County, FL, are known for being particularly harsh in DUI cases, especially if you have any prior DUI conviction or a prior refusal to submit to testing on your driving record.

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.

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 Tuesday, April 11, 2023.