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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-five 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 a prosecutor in Florida before going in to private practice and representing clients in three states.

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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.

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