Arrested for DUI in Tampa for Refusing to Submit to a Chemical Test

If you have been arrested for DUI and refused to submit to a chemical test of your blood, breath or urine, call us to find out more about defenses that could potentially help you win your case and avoid a conviction.

Contact an experienced and aggressive DUI Attorney in Tampa to discuss your case today.

Refusal to Submit to DUI Testing in Florida

316.1939 Refusal to submit to testing; penalties.–

(1) 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. 316.1932, 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:

(a) Who the arresting law enforcement officer had probable cause to believe was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances;

(b) Who was placed under lawful arrest for a violation of s. 316.193 unless such test was requested pursuant to s. 316.1932(1)(c);

(c) 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;

(d) 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

(e) 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 as provided in s. 775.082 or s. 775.083.

(2) The disposition of any administrative proceeding that relates to the suspension of a person’s driving privilege does not affect a criminal action under this section.

(3) The disposition of a criminal action under this section does not affect any administrative proceeding that relates to the suspension of a person’s driving privilege. The department’s records showing that a person’s license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood shall be admissible and shall create a rebuttable presumption of such suspension.


The reCAPTCHA verification period has expired. Please reload the page.

Free Consultation

Submit this form to request a free and confidential consultation with one of our attorneys.

Our Office Locations

Tampa Office:

Sammis Law Firm, P.A.
1005 N. Marion St.
Tampa, FL 33602
(813) 250-0200

map + directions

New Port Richey Office:

Sammis Law Firm, P.A.
7509 Little Rd.
New Port Richey, FL 34654
(727) 807-6392

map + directions

Clearwater Office:

Sammis Law Firm, P.A.
14010 Roosevelt Blvd. #701
Clearwater, FL 33762
(727) 210-7004

map + directions

Our Attorneys

Leslie M. Sammis

Leslie M. Sammis

Jason D. Sammis

Jason D. Sammis

Joshua L. Monteiro

Joshua L. Monteiro

Dominique Celerin

Dominique Celerin

Katherine A. Aranda

Katherine A. Aranda

Idalis Vento

Idalis Vento