DUI Refusal

DUI Refusal | Melbourne DUI Attorney

If you have been arrested for DUI Refusal in Brevard County, Florida, it is imperative to consult with an experienced criminal defense attorney as soon as possible. If a law enforcement officer has probable cause to arrest you for DUI in Brevard County, he or she will ask you to submit to a chemical test of your breath, blood, or urine. In many cases involving an accident or involving a driver that is seeking medical attention for injuries, the officer may ask for a blood test. The arresting officer cannot force the driver to take these tests, but they can read the driver the legal consequences of refusing them. These are known as “implied consent” laws. Still, many individuals simply decline the officer’s request to submit to chemical testing. When a person declines chemical testing, prosecutors label these cases “refusal” cases. Refusing to submit to chemical testing carries significant legal penalties. If you have been charged with DUI after allegedly refusing to submit to a chemical test, contact an experienced Melbourne DUI Attorney to discuss your case.

Because refusal can now result in both criminal and administrative consequences, our firm does not advise refusing a breath, urine, or blood test. Always speak with a DUI attorney before making decisions that affect your rights. Attorney Lauren Canina Roberson represents clients facing DUI charges throughout Brevard County.

Types of Refusals in Florida DUI Cases

Refusing to submit to a breath test usually involves the arresting officer asking the person to submit to a breath test, and the person declining by saying, “No thank you, officer.” However the arresting officer may allege that your actions constitute a refusal to submit to a breath test under the following circumstances:

• You become argumentative/combative to the arresting officer;
• You agree to take the breath test, but you are unable to blow enough air into the breathalyzer for the machine to render a reading.
• You agree to take the breath test, blow into the machine once, but then fail to blow into the machine a second time.
• You refuse to answer yes or no after the officer asks you to submit to a breath test.

Florida’s Implied Consent Warning

For a DUI suspect’s refusal to submit to testing to be admissible at a jury trial, the officer must read the driver Florida’s implied consent warnings. These warnings require that any driver who accepts the privilege of driving a vehicle with the state is deemed to have given consent to submit to an approved chemical test of the driver’s breath, urine, or blood, and that failing to do so could result in an administrative suspension of their driver license for one year for a first offense, and eighteen (18) months for a second or subsequent suspension.

The Consequences of a Refusal

Updated (October 1, 2025): Under Florida’s new laws (House Bill 687, “Trenton’s Law”), a first refusal to submit to a lawful breath or urine test during a DUI stop will now be treated as a second‑degree misdemeanor. (Previously, it was not a criminal offense to refuse to submit to a test for the first time.) Penalties for first refusal may include up to 60 days in jail, fines, and a criminal record. In addition, administrative consequences continue to apply: your license may be suspended for 12 months, unless you timely request a formal review hearing with DHSMV (within 10 days). A second or subsequent refusal remains punishable as a first-degree misdemeanor, with potential penalties of up to 12 months in jail, fines (up to $1,000), and an 18‑month license suspension.

The statute also mandates that, for reinstatement after a refusal suspension, installation of an ignition interlock device (IID) will generally be required (for one continuous year after first refusal, or longer for repeat refusals). Because of these major changes, refusal is no longer a “harmless” option! Even first-time refusals carry criminal exposure, not just administrative penalties. If you or a loved one faced a DUI stop and were asked to submit to testing — or declined to do so — you should retain experienced DUI defense counsel immediately.

The Canina Law Firm | Brevard County DUI Refusal Attorneys

At The Canina Law Firm, our firm sets itself apart from others in the level of personal service we provide to our clients. Our DUI lawyers are 100% committed to defending our clients vigorously and to keeping our clients fully informed at every step of the way. With over 60 years of combined experience defending DUI cases in Florida, our DUI attorneys will work hard to get you the best result possible! If you have been arrested for DUI with a refusal in Brevard County, FL, start fighting back today! We can help you. Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County including Melbourne, Palm Bay, Viera, Cocoa, Titusville, Rockledge, and the Beaches. If you are facing DUI refusal charges, speak with Lauren Canina Roberson at The Canina Law Firm to understand your legal options.

Your Defense Starts NOW! CONTACT us today for a FREE Case Evaluation!

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County including Melbourne, Palm Bay, Viera, Cocoa, Titusville, Rockledge, and the Beaches.

Your Defense Starts NOW! CONTACT us today for a FREE Case Evaluation!

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