Understanding Blood Test Refusal in DUI Cases
If you’re pulled over for suspected DUI in Florida, law enforcement may request a blood test to determine your blood alcohol concentration (BAC). While you have the right to refuse, doing so comes with serious legal consequences. At Murphy & Downs Law Offices, we help clients understand their rights and build a strong defense against DUI-related penalties.
Florida’s Implied Consent Law & Blood Tests
Under Florida Statutes § 316.1932, all drivers automatically consent to chemical testing when operating a vehicle. This applies to breath, blood, or urine tests if an officer has reasonable suspicion of impairment.
Blood tests, however, are only required in specific cases, such as:
- If the driver is unconscious or otherwise unable to provide a breath or urine sample.
- If a breath or urine test is impractical.
- If a serious accident has occurred, leading to injuries or fatalities (Florida Statutes § 316.1933).
What Happens When You Refuse a Blood Test?
Refusing a blood test in Florida has both administrative and criminal consequences, even if you aren’t convicted of DUI.
Administrative Penalties
Refusal leads to an automatic suspension of your driver’s license:
- First refusal → One-year license suspension
- Second or subsequent refusal → 18-month suspension + a misdemeanor charge (Florida Statutes § 316.1939)
Criminal Consequences
A blood test refusal doesn’t prevent a DUI charge. In fact, prosecutors can use your refusal as evidence, arguing that you knew you were intoxicated. If you’ve refused a blood test before, repeat refusals carry additional penalties, including:
- Up to one year in jail
- One year of probation
- Fines up to $1,000
If an accident causes serious injury or death, refusing a blood test may result in additional criminal charges beyond the DUI offense.
Defenses Against Blood Test Refusal Charges
Even if you refused a blood test, your case may still be defensible. Here are common legal defenses:
1. No Probable Cause for the Stop
Law enforcement must have probable cause to stop and arrest you. If the initial stop was unlawful, any request for a blood test may be invalid.
2. Failure to Provide Implied Consent Warnings
Officers are required to explain the consequences of refusing a test. If they failed to properly inform you, your refusal may not be admissible.
3. Improper Blood Test Procedure
Blood tests must follow strict handling and testing protocols. If there was contamination, mishandling, or incorrect procedures, the results may be challenged.
4. Medical Conditions or Coercion
Certain medical conditions can make a blood test difficult or dangerous. Additionally, if law enforcement coerced you into refusing, it could be a valid defense.
Can You Challenge a License Suspension After Refusal?
Yes. If you refuse a blood test, your license is suspended immediately, but you have 10 days to request a DHSMV hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This hearing is your only chance to challenge the suspension.
At Murphy & Downs Law Offices, we can argue that:
- The officer lacked probable cause for the stop.
- You were not properly informed about the consequences of refusal.
- The test request didn’t comply with Florida’s legal requirements.
A successful defense could reinstate your driving privileges while your criminal case proceeds.
Why It’s Critical to Fight a Blood Test Refusal Charge
Refusing a blood test complicates your case, but it doesn’t guarantee a conviction. Challenging your license suspension and criminal charges can help you:
✅ Avoid or reduce penalties
✅ Challenge the prosecution’s evidence
✅ Keep your driving privileges
Frequently Asked Questions
Can I legally refuse a blood test in Florida?
Yes, but refusal results in an automatic license suspension and could lead to additional charges, especially if it’s a second offense.
Can my refusal be used against me in court?
Yes. Prosecutors often argue that refusal indicates consciousness of guilt, though a skilled DUI lawyer can challenge this claim.
What if I refuse a blood test after a serious accident?
In cases involving serious injury or death, Florida law requires a blood test. Refusing can lead to harsher penalties beyond DUI charges.
How long do I have to contest my license suspension?
You have 10 days from the date of arrest to request a DHSMV hearing.
What are the penalties for refusing a second blood test?
A second refusal is a first-degree misdemeanor, punishable by:
- Up to one year in jail
- $1,000 fine
- 18-month license suspension
Are blood tests always accurate in DUI cases?
Not always. Issues like contamination, storage errors, or improper handling can affect the accuracy of results, which can be challenged in court.
What’s the difference between refusing a breath test and refusing a blood test?
Both refusals lead to license suspension, but blood tests are usually requested in serious cases where a breath test isn’t an option.
How can a DUI lawyer help with my case?
A DUI attorney can examine the details of your arrest, challenge the validity of the blood test request, and build a defense to minimize penalties or get charges dropped.
Facing DUI Charges? Contact Murphy & Downs Law Offices Today
If you’ve refused a blood test or are facing a DUI charge in Melbourne, FL, don’t navigate the legal process alone. The DUI defense attorneys at Murphy & Downs Law Offices can help protect your rights and fight for the best possible outcome.
Call us today for a free consultation.