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Refusal to Submit to Breath Test Evidence in DUI Trial

Posted by John P. Rutkowski | Feb 10, 2023 | 0 Comments

Defendant was charged with DUI and Refusing to Submit to a DUI Breath Test. Defendant went to trial on the refusal to submit to breath test and was found not guilty. Defendant then went on trial for the DUI and asked the court to exclude evidence that he refused the breath test due being found not guilty. The Court granted the Defendant's request and excluded the refusal.

The State appealed and the appellate court reversed the trial court's ruling finding that determination of whether a person refused a breath test in a prosecution for refusing to submit is based upon factors that are not identical to those considered when determining admissibility of refusal evidence in a DUI prosecution. Refusal to submit was admissible as evidence of consciousness of guilt where defendant testified that he refused to submit to breath test and that he as told refusal would result in suspension of driving privilege.

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.


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Put Mr. Rutkowski's twenty-seven years experience practicing in the areas of DUI, BUI, Administrative Driver License Suspension Hearings, Administrative Hardship License Hearings and Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.

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