Because all Florida drivers have given consent to provide law enforcement officers a breath or urine sample upon reasonable suspicion of DUI, refusal to do so upon such a request has consequences. When a person refuses to take a sobriety test, the officer will immediately take possession of the person’s driver’s license and issue that person a summons for DUI. That summons acts as the driver’s license for a period of 10 days, after which the person’s driving privileges will be suspended unless the driver requests a formal hearing with the Department of Highway Safety and Motor Vehicles. Upon the expiration of the 10 days, or after an adverse ruling in the formal review hearing, the person’s driving privileges will be suspended for a period of one year if the driver has never before refused a sobriety test, and they will be ineligible for a hardship license for a period of 90 days. If the driver has previously refused a sobriety test, their privileges will be suspended for 18 months. Additionally, a subsequent refusal is itself a misdemeanor for which the person can be charged in addition to the DUI charge. Importantly, a driver whose driving privilege has been suspended due to a breath reading above a 0.08 or a refusal to provide a breath sample may qualify for an immediate hardship license if they waive their right to a formal hearing contesting the administrative suspension. However, that is generally a very bad idea.
Posted on: 15 Nov, 2016
