According to state records, about a third of Florida drivers charged with drunk driving refused to take a Breathalyzer test in 2008. Many Florida drivers are not aware that they have the legal right to refuse a Breathalyzer test.
However, there are penalties for refusing a Breathalyzer test. The first refusal results in a one year driver’s license suspension, even if t he driver is not found to be legally drunk. The second refusal can result in an 18-month license suspension and criminal charges of a first-degree misdemeanor.
Some Florida attorneys are pushing for tougher penalties on drivers who refuse to a Breathalyzer test. And last month, the Vero Beach Police Department became the first police agency on the Treasure Coast to get a search warrant for taking blood samples in DUI cases where the driver refuses a Breathalyzer test.
Source: More than a third of all Floridians charged with DUI refuse Breathalyzer test, TCPalm.com, December 3, 2009
Contact a South Florida DUI attorney if you have questions regarding your legal rights.