DUI Criminal Refusal or Refusing to Submit to DUI Test

Jacksonville DUI Criminal Refusal Lawyer

Have you been arrested for Driving Under the Influence (DUI or DWI) in Jacksonville more than once?  Have you been arrested in Florida for DUI before, and then arrested in Jacksonville for DUI again? Have you ever refused to perform a Jacksonville DUI field sobriety test or Florida field sobriety exercise after being accused of driving under the influence?  Have you refused to give a breath sample in Jacksonville a couple of times?  Have you refused to give a urine sample for a Jacksonville DUI arrest, in conjunction to failing to do a Florida DUI test at another time?  If so, you may be arrested for Jacksonville Criminal Refusal which is a criminal charge for refusing to submit to a Jacksonville DUI test, such as Florida field sobriety exercises, Jacksonville breathalyzer test or intoxilyzer test (Jacksonville DUI breath test), or a Jacksonville urine test (urine sample).

A person that is arrested for driving under the influence in Jacksonville, can be charged with more than Florida DUI.  He or she may also be charged with Jacksonville DUI Criminal Refusal if he or she falls under the Florida DUI law below.

Florida Criminal Refusal or Florida Refusal to Submit to Testing under Florida Statute 316.1939 states for the crime of criminal refusal, the following must be present:

  1. The law enforcement officer has probable cause to believe that the defendant was driving while under the influence to the extent that he or she was impaired.
  2. The law enforcement officer arrested the defendant for driving while under the influence (unless a blood test was properly requested without an arrest, see Florida Statute 316.1932(1)(c)).
  3. The defendant was informed that (a) a refusal would result in his or her driver license being suspended for one year for a first refusal or 18 months or a second or subsequent refusal, and (b) if this was a second or subsequent refusal to submit to testing, he or she could be charged with a misdemeanor.
  4. The defendant refused to submit to testing.
  5. The defendant driving privilege had been previously suspended for refusing to submit to testing.

Under the Florida DUI Criminal Refusal Law, this charge is a first degree misdemeanor.  If you have been arrested for Jacksonville DUI or Florida Criminal Refusal of DUI testing, contact a Jacksonville DUI Lawyer.  A Jacksonville DUI Attorney with experience in driving under the influence in Florida can help you.  Call a Jacksonville Criminal Defense Lawyer at 20 Miles Law.  You can contact a Jacksonville Criminal Defense Attorney at (904) 564-2525 or by email.