Florida DUI Refusal Lawyer, Fighting Criminal Court Consequences of Refusals

Under Florida law, refusing a chemical test after a DUI arrest can have significant consequences in criminal court. Prosecutors treat test refusal as an admission of guilt, especially after Trenton’s Law went into effect: test refusal can now be treated as a crime in and of itself, even if you have no prior criminal record.

The Kessler Law Firm will staunchly defend your rights, and our extensive knowledge of DUI science can dismantle the arguments favored by Florida prosecutors. Responsible enjoyment of alcohol is not a crime, and the reason you were pulled over may have been unlawful. Attorney Michael Kessler is a board-certified criminal trial lawyer with over four decades of experience as a Florida DUI refusal lawyer, and he will defend your freedom as if it were his own.

Criminal Court Consequences of Refusal

Refusing a DUI test can have immediate and far-reaching consequences. Even first-time offenders with no criminal record can face criminal charges for refusing to take a DUI chemical test.

If you are facing DUI charges, additional penalties can be added. Refusing a DUI test can be a separate criminal charge, in addition to prosecutors using refusal to test as an admission of guilt in court. There may also be fines, jail time, and community service.

Repeat refusals or a previous record of DUI charges can result in enhanced charges and potentially longer jail sentences and steeper fines.

Defense Strategies for Test Refusals

If you are facing criminal charges for refusing a DUI test, there are defense strategies that can undermine the prosecutor’s argument.

Challenging the Arrest

When you were stopped by law enforcement, did they have reasonable cause to stop you in the first place? Enjoying alcoholic beverages responsibly is not a crime. If your driving wasn’t dangerous and you felt sober, the arrest might have been unlawful.

Lawfulness of the Officer’s Request

When you are stopped by law enforcement and refuse a DUI test, the officer is supposed to properly explain the consequences of that refusal. The request for a DUI test must be lawful; you must be properly informed of what happens if you refuse the test, and your refusal must be voluntary and informed. You cannot be forced to take a chemical test, nor can you be forced to refuse one.

Protecting Your Constitutional Rights

Although Florida has an implied consent law when it comes to sobriety testing while driving, law enforcement cannot actually violate your consent. The officer needs to inform you of the consequences of test refusal. Under Trenton’s Law, only refusal of breath and urine tests is a crime because you cannot be forced to take a blood test unless there is death or serious bodily injury, and authorized medical personnel can draw blood. There are constitutional rights to your privacy and procedural defenses that can serve as building blocks for your defense strategy.

Why Choose Kessler Law Firm?

The Kessler Law Firm brings over 40 years of DUI defense experience to the table. As a proven Florida DUI lawyer and board-certified criminal trial lawyer, Michael Kessler will be a fierce advocate who aggressively defends your rights and future with a personalized defense strategy. The Kessler Law Firm’s deep knowledge of DUI science exposes the flaws in chemical tests in the courtroom and identifies weak points in the prosecutor’s case against you. 

With four decades of experience advocating for clients in and near Vero Beach, Port St. Lucie, Fort Pierce, and the surrounding areas of Florida’s Treasure Coast, the Kessler Law Firm also has the institutional knowledge of how the local courts and prosecutors operate and the procedures to expect. Attorney Kessler has deep respect among the Florida legal community while also recognized as a formidable advocate for his clients’ rights.