Refusal to Submit to a Breath Test
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 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.