Refusing a Drug or Alcohol Test in Florida Could Have Serious Consequences—Here’s What You Need to Know
If you’ve been pulled over for suspicion of DUI in Florida, you may have been asked to take a breath, urine, or blood test. But what happens if you refuse? As a Melbourne DUI attorney at Murphy & Downs Law Offices, I’ve helped many clients understand their rights and navigate the legal consequences that come with refusing a chemical test. Let’s walk through what the law says, the penalties you may face, and how working with an experienced defense attorney can protect your future.
Florida’s Implied Consent Law
Under Florida Statutes § 316.1932, drivers automatically give implied consent to submit to chemical testing—such as breath, urine, or blood tests—if law enforcement has probable cause to arrest for DUI.
In short, if you’re operating a vehicle in Florida and are lawfully arrested for DUI, you are considered to have already agreed to chemical testing. However, this does not mean you are forced to comply. You still have the right to refuse, but refusal brings its own set of challenges—something a knowledgeable Melbourne DUI attorney can help you prepare for and address.
What Happens If You Refuse?
Refusing a urine or blood test in Florida leads to the following administrative penalties:
- First refusal: 1-year driver’s license suspension
- Second or subsequent refusal: 18-month suspension and potential criminal charges
Beyond the suspension, prosecutors may use your refusal in court to suggest you were trying to hide impairment. This can influence how your case is perceived by a judge or jury. It’s essential to have a Melbourne DUI attorney review the circumstances of your arrest to challenge any unfair or unlawful aspects of the stop or testing procedure.
Possible Defenses for Refusing a Test
Despite the legal consequences, there are several valid defenses an experienced Melbourne DUI attorney can raise:
- No probable cause: If the officer didn’t have a lawful reason to arrest you, any test refusal may be inadmissible.
- Unlawful traffic stop: Without a valid reason to stop your vehicle in the first place, everything that follows can be challenged.
- Medical inability: If a medical condition made it difficult or impossible to provide a sample, that may serve as a valid explanation.
- Improper instructions: Law enforcement must clearly inform you of the consequences of refusal. If they failed to do so, your attorney may be able to suppress that evidence.
At Murphy & Downs Law Offices, we’ve handled many cases where these defenses applied—and led to reduced or dismissed charges.
A Real Case We Handled
A client of ours refused both a breath test and a subsequent urine test after being pulled over late at night in Melbourne. The officer claimed signs of impairment, but after reviewing dashcam footage, we found that the officer never fully explained the consequences of refusal under Florida’s implied consent law.
Our legal team demonstrated that the refusal was not informed, and we provided medical documentation showing that the client had a condition affecting their ability to urinate on command. As a result, we successfully reduced the penalties and avoided a long-term license suspension. This is just one example of how a Melbourne DUI attorney can help turn the situation around.
Why Legal Representation Matters
When you refuse a urine or blood test, you face both administrative and criminal consequences. A private DUI attorney plays a vital role in challenging the legality of the arrest, the accuracy of any prior observations, and the procedures used by the officer.
Murphy & Downs Law Offices provides experienced, local representation. As Melbourne DUI attorneys, we understand how Brevard County law enforcement handles DUI stops and how to approach the court system here to advocate for the best possible outcome in your case.
FAQs – Refusing the Urine or Blood Test in Florida
What happens if I refuse a chemical test in Florida?
Your license will be suspended for one year for a first refusal and 18 months for a second or later refusal. Your refusal can also be used against you in court.
Can I be convicted of DUI without a test?
Yes. DUI convictions can rely on field sobriety tests, officer observations, and other circumstantial evidence. A Melbourne DUI attorney can work to weaken this evidence and defend your rights.
Can I apply for a hardship license after refusal?
Yes. An attorney can help you apply for a hardship license if you meet the qualifications. This allows you to drive for work or essential activities while your case is pending.
Does medical inability count as a defense?
In some cases, yes. If you physically could not provide a urine or blood sample, this may be used as a valid defense—especially with supporting medical records.
Is it ever a good idea to refuse?
It depends on the situation. Refusal can prevent the state from obtaining direct chemical evidence but may trigger other consequences. A Melbourne DUI attorney can help you determine the best legal strategy for your case.
Talk to a Melbourne DUI Attorney Today
If you’ve refused a urine or blood test in Florida, don’t wait to take action. The earlier a qualified attorney steps in, the better your chances of protecting your license and avoiding conviction.
Contact Murphy & Downs Law Offices today for a free consultation. Our experienced Melbourne DUI attorneys are here to help you fight back and secure the best possible outcome for your case.