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Florida DUI Test Refusal

Driving in the state of Florida is a privilege. If you are stopped for a DUI and refuse a sobriety test, then having an experienced Orlando DUI attorney pursue every possible defense on your behalf is your right.

Sobriety tests measure your blood alcohol concentration. The legal BAC in Florida is .08. Maybe you refused a DUI test because of what you thought the results might have shown. Whatever the reason, you need a skillful DUI defense attorney beside you who is willing to thoroughly examine the circumstances surrounding your DUI test refusal case.

Do not brush off the legal action that could happen for refusing to take a chemical test. TK Law offers a free DUI consultation and can be reached quickly and conveniently in whatever way works easier for you.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Refusing Field Sobriety Test

Field sobriety tests involve multiple physical actions to help an officer determine if you are guilty of DUI. Field sobriety tests can be heavily impacted by the slightest bit of nervousness from being stopped. Your attire, especially the type of shoes you wear, can also impact how successfully you complete a field sobriety test.

Florida law does not say that your license will be suspended if you refuse to take a field sobriety test. Call a TK Law attorney as soon as possible at 1-855-Kramer Now (1-855-572-6376) if an arresting officer attempts to take your license because you refused a field sobriety test.

Refusing Chemical Sobriety Test

Florida has the implied consent law, which means that all drivers who hold a valid Florida driver’s license have already agreed to submit to a chemical test when they are suspected of DUI.

The chemical tests after a DUI arrest include:

Refusal to submit to a chemical test can be used as evidence in a DUI criminal proceeding. A conviction could result in a one-year driver’s license suspension for the first refusal.

A second or subsequent Florida DUI test refusal can result in an 18-month suspension and charges of a first-degree misdemeanor in addition to any other penalties. A driver could also face up to $1,000 in fines and up to one year imprisonment.

When death or injury is involved, law enforcement may forcibly have a chemical blood test administered. An officer can also order a test be administered if you are unconscious.

Refusing a chemical test could make it harder for the prosecution to prove that a driver is guilty of DUI. A TK Law DUI attorney can provide you with professional and seasoned guidance on how to legally proceed after not consenting to a chemical test.

What Responses Are Considered as a DUI Test Refusal?

Florida law enforcement may consider more than a simple “no” as a refusal to take a sobriety test.

If a driver agrees to a chemical test but cannot provide sufficient samples required for the test, or if the driver does not specifically state “yes” or “no” when asked to take a chemical test, then the arresting officer may consider the response as a refusal.

A driver may also be considered to have refused testing if he or she becomes abusive or argumentative to the arresting law enforcement officer.

Getting Your License Back

A driver can drive for up to 10 days after being charged with refusing to submit a DUI chemical test. That means you only have 10 days to request a Formal Review Hearing, an Informal Review Hearing, or a Review of Eligibility hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge your suspension or advocate for a hardship license. Each type of hearing has its own pros and cons that you should evaluate with the help of a competent DUI attorney. If you do not request any type of hearing, then you must not drive for a period of 90 days.

You could be eligible for a hardship license. A TK Law attorney can guide you on whether you qualify for a hardship license so that you can continue on with your life.

Commercial Vehicle Driver

If a commercial vehicle driver is charged with refusing to submit to chemical testing while driving a commercial vehicle, the driver could be suspended from driving a commercial vehicle for one year. A commercial driver who was transporting hazardous materials at the time of arrest could be subject to a three-year suspension.

Florida law does not allow a commercial driver to apply for a hardship license during the suspension. Call TK Law today at 855-Kramer-Now (855-572-6376) so we can get to work for you.

What to do After Refusing a Sobriety Test

The best thing to do after refusing a DUI test is to call an attorney as soon as possible. Not just any attorney can defend these cases. TK Law has a proven record of successful resolutions in DUI defense and defending criminal charges.

Contact a TK Law DUI attorney in Orlando as soon as legally possible if you have refused to take a sobriety test. For more answers on DUI-related questions, view our Video Channel.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.



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Gastell and Kayla were awesome! They helped me make it through a very challenging time in my life with kindness and compassion. They were always available to answer my questions and kept me up to date. Their counsel was extremely helpful in aiding a resolution that I am very satisfied with.
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I am thankful to Janelise and Kayla at TK Law for a fantastic job. Kayla guided me through every step of my divorce process. She is patient, professional, and honest. I highly recommend them!
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Dec. 2023
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This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.

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We offer payment plans, accept credit cards, are available for evening appointments and our main office is conveniently located right off of I-4, between 436 and 434. For immediate help call: 407-834-4847.


The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Phone: 407-834-4847
999 Douglas Ave #3333, Altamonte Springs, FL 32714

Service Areas

Orange & Seminole County, Florida.