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REFUSE TO TAKE BREATH TEST AFTER PRIOR REFUSAL

Posted by John P. Rutkowski | May 09, 2021 | 0 Comments

316.1939 Refusal to submit to testing; penalties:

Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.193, 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, and:

Who was informed that, if he or she refused to submit to such test, his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months;

Who was informed that a refusal to submit to a lawful test of his or her breath, urine, or blood, if his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor; and

Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer commits a misdemeanor of the first degree and is subject to punishment of a term of imprisonment not exceeding 1 year; and/or a fine of $1,000.

 

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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