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Refusal to Submit to a DUI Chemical Test

If you are arrested for DUI, the arresting officer will insist that you take a chemical test to verify your blood alcohol content. It is important to know that an officer can’t force you to take a chemical test; he can only ask you to. It is well within your rights to refuse to take any chemical test. However, refusing to take one of these tests could lead to some serious consequences. It is important to contact an experienced Destin DUI attorney if you wish to avoid them.

Destin DUI Test Refusal Lawyer

Contact Adkinson Law Firm, LLC if you have been arrested for refusing to take a DUI chemical test in the Florida Panhandle, including the areas of South Walton, DeFuniak Springs, Noma, Pensacola, Crestview, Niceville, Valparaiso, and the surrounding areas. The attorneys of Adkinson Law Firm, LLC have the knowledge and resources necessary to reduce your charges, or potentially have your case dropped altogether.

Call Clay Adkinson today at for a consultation on your DUI test refusal case in Destin and the surrounding areas. Your consultation is free and will provide you with the information and insight necessary to craft a strong defense.

Chemical Tests in Florida

The purpose of the breathalyzer test is to determine your blood alcohol content. If your blood alcohol content is above the legal limit of 0.08, you can be charged with driving under the influence of alcohol. If your BAC is below the legal limit, but you were involved in an accident that caused the death/injury of another person, or significant property damage, you may also be charged with DUI. A common defense for a high breathalyzer test result is that the device malfunctioned. The device must be calibrated on a regular basis or it may give false results. The police department's records should indicate how often the device has been calibrated, serviced, and used.

A blood test is the most accurate way to measure the level of drugs or alcohol in the body. However, a skilled DUI attorney can often find flaws in the testing procedures. In some cases, blood samples that aren't properly stored, or sit around a long time before they are analyzed, will coagulate or decompose, which can lead to inaccurate results.

The urine test is used less often than the breathalyzer and blood test. It is commonly thought to be the least reliable test because the urine in the bladder can be a mixture of the various liquids an individual has consumed over a given period of time.  This can work against the driver because if he or she had a lot to drink several hours beforehand and hasn't urinated since that time, the urine test result may be misleadingly high. Also, most laboratories that analyze urine samples run numerous samples every day, with different parts of the analyses carried out in different bottles and beakers. This can lead to errors on some samples, particularly if the laboratory doesn't follow proper record-keeping and organizational procedures.

Florida Implied Consent

According to Fla. Stat. § 316.1932, anyone who accepts the privilege of operating a motor vehicle in Florida is deemed to have given his or her consent to submit to an approved chemical test. The chemical test must be incidental to a lawful arrest and administered at the request of a law enforcement officer, who has reason to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of drugs or alcohol. 

Penalties for Refusing DUI Chemical Test in Florida

The penalty for refusing to take a DUI chemical test is an automatic license suspension for a year. If this is your first time refusing to take a chemical test, you can apply for a hardship license three months into the suspension. If you have previously refused to a chemical test, you may face up to a year in jail, and/or $1,000 in fines, as well as an automatic license suspension for 18 months.

Adkinson Law Firm, LLC | South DUI Test Refusal Attorney

If you have refused to take a DUI chemical test, and have been arrested for DUI in the Florida Panhandle, including the areas of Shalimar, Ebro, Milton, Century, Chipley, Cinco Bayou, Destin, Freeport, and the surrounding areas, contact Adkinson Law Firm, LLC today. Clay Adkinson of Adkinson Law Firm, LLC is a devoted DeFuniak Springs criminal defense attorney who will use a systematic approach to help you avoid the penalties associated with your alleged offense.

Contact Adkinson Law Firm, LLC today for a free consultation at or send an online message about your DUI chemical test refusal case.