A person is charged with Failing to Submit to a Breath Test when he or she has refused to submit to a chemical test of his or her breath, blood, or urine and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood. This charge, pursuant to Florida Statute 316.1939 is a serious offense because the State Attorney’s office often uses this charge as leverage in a pending DUI case. This charge is easier for the prosecution to prove because under Florida law the Department of Highway Safety and Motor Vehicle’s records showing that a person's license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood shall be admissible and shall create a rebuttable presumption of the previous suspension.
If convicted of the charge you may be facing up to a year in the county jail, and/or 12 months of probation, and a possible fine of up to $1000. There are also court costs and prosecutor fees that will be assessed by the Court.
It is important to contact our office immediately at 1-800-FIGHT-IT(344-4848) and speak to an attorney so we can aggressively represent your best interests and gather evidence to fight the charge in order to get the best outcome for your case.