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Solutions And Guidance For Your Legal Conflicts

Should you refuse a field sobriety test in Florida?  

On Behalf of | Feb 6, 2025 | Drug Offenses

Getting pulled over at night can make anyone anxious, and seeing flashing lights in your rearview mirror often leads to quick decisions. Florida drivers need to know their rights and the actual impacts of refusing a field sobriety test before they face this situation.  

What is a field sobriety test?  

Police officers use field sobriety tests (FSTs) to check if a driver shows signs of alcohol or drug impairment. These tests include walking straight, standing on one leg and following an object with your eyes. Unlike breathalyzers that measure alcohol levels, FSTs look at how well you move and think.  

Florida’s penalties for FST refusal  

Florida law states that having a driver’s license means you agree to take specific sobriety tests. When you say no to an FST, you’ll face specific consequences:  

  • Your license gets suspended for one year on first refusal 
  • Second refusals bring an 18-month suspension 
  • You might face misdemeanor charges for multiple refusals 
  • Prosecutors can use your refusal against you in court 
  • Your car insurance rates will likely go up 
  • The refusal stays on your driving record 

Even after refusing an FST, police can still arrest you for DUI based on other signs like swerving on the road or slurred speech. Some drivers think refusing the test helps their case but often leads to harsher outcomes.  

The choice and its impact  

Saying no to an FST is legal but comes with harsh penalties. Florida wants drivers to take these tests, which explains the strict consequences of refusal. The state aims to keep roads safe by encouraging cooperation with law enforcement.  

When faced with this choice, remember that these penalties can affect your job, family, and daily life. Each case brings different factors into play. A local DUI attorney can help you know your options and protect your rights in this situation.