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Many of the refusal cases are quite difficult for the prosecutor to take to trial because the prosecutor's most important piece of evidence, the test results, does not exist. If you have been charged with DUI refusal in or around Flagler County or Putnam County, then contact me before you decide to proceed with your case.

In July of 2002, the Florida Legislature criminalized a second refusal to breath, blood, or urine test. If you have previously had your driver license suspended for refusing to submit to a chemical test, then the consequences for a second or subsequent refusal will probably be an additional criminal charge for a first-degree misdemeanor.

If you refuse to take a breath test a second time, you may find yourself charged with two separate offenses, DUI and a "second refusal to submit to DUI testing" charge. Even if you win the DUI case, you could still be convicted of the refusal charge.

DUI Refusal Case