Refusal to Submit to DUI Testing (Criminal Refusal)
In Jacksonville, Florida, not only can a driver be charged with Driving Under the Influence (DUI), but he or she may also be charged with Criminal Refusal if he or she refuses
Criminal Refusal/Refusal to Submit to Testing (Fla. Stat. ß 316.1939):
- For the crime of criminal refusal, the following must be present:
- The law enforcement officer has probable cause to believe that the defendant was driving while under the influence to the extent that he or she was impaired.
- The law enforcement officer arrested the defendant for driving while under the influence (unless a blood test was properly requested without an arrest, see Florida Statute 316.1932(1)(c)).
- The defendant was informed that:
- a refusal would result in his or her driver license being suspended for one year for a first refusal or 18 months or a second or subsequent refusal, and
- if this was a second or subsequent refusal to submit to testing, he or she could be charged with a misdemeanor.
- The defendant refused to submit to testing.
- The defendant driving privilege had been previously suspended for refusing to submit to testing.
- Criminal Refusal is a first degree misdemeanor.