Orlando refusal to submit to dui testing Defense Attorney

As of October 2025, Florida’s DUI laws became significantly tougher with the enactment of Florida Statute 316.1939, which makes it a criminal offense to refuse to submit to a lawfully requested chemical test of your breath or urine. Many drivers believe that refusing a breath or urine test could help them avoid providing the State with damaging evidence in a DUI case, and others have been told that they should always refuse, even if they do not believe that they are impaired. However, under Florida’s new refusal law, that decision can now expose you to an additional misdemeanor criminal charge with separate penalties, and driver’s license consequences. Simply put, a single DUI arrest can now potentially lead to both DUI charges and a Refusal to Submit charge.

Refusal to Submit to DUI Testing Under Florida Law

To convict someone of Refusal to Submit to DUI testing under Florida law, the prosecutor must prove that:

1. The person was lawfully arrested for DUI;
2. That a breath or urine test was lawfully requested;
3. That they were advised of the consequences of refusing the test requested; and
4. They refused the requested test of their breath or urine.

Defenses to Refusal to Submit to DUI Testing

Each of these “elements” of a Refusal charge presents an opportunity for a skilled criminal defense attorney. Because the Refusal charge depends on strict compliance with constitutional protections and Florida’s Implied Consent Law, an effective strategic defense begins by scrutinizing every step of the DUI investigation, from reviewing the legality of the initial traffic stop to evaluating whether the officer had probable cause for arrest and complied with Florida’s Implied Consent law.

Successfully challenging a Refusal to Submit charge can also have a major impact on a DUI case. Florida prosecutors often attempt to use a refusal as evidence of “consciousness of guilt,” meaning that the prosecutor can argue that a person refused a test because they knew that they were guilty and knew what the test results would be. A successful defense of a Refusal charge may prevent the State from arguing consciousness of guilt at trial for the DUI charge.

Penalties for Refusing to Submit to a Breath/Urine Test

A Refusal to Submit charge in Florida can carry serious consequences, including criminal penalties that may mirror those of the DUI charge, such as probation, jail, fines, a driver’s license suspension, and long-term damage to your criminal record. Prosecutors may use a Refusal charge strategically during plea negotiations, increasing pressure on those charged with DUI and Refusal to accept a plea offer that may not be in their long-term best interest. Because these cases often involve complex issues involving Florida’s Implied Consent law, traffic stops, DUI investigations, the legality of an arrest, and whether or not a refusal was legally valid. It is critical to speak with an experienced Florida DUI defense lawyer prior to making any decisions about your case.

Central Florida Justice Can Help

Central Florida Justice founder Ben Baxter is a former prosecutor and experienced DUI defense attorney who understands how DUI and Refusal cases are investigated, charged, and prosecuted. He knows how to challenge unlawful stops, identify constitutional violations in the DUI investigation, and evaluate the legality of a request for a breath or urine test.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or someone you know has been charged with Refusal to Submit to Testing in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, or Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with criminal defense attorney Ben Baxter.