Anyone who obtains a Florida driver’s license consents under Florida’s implied consent law to provide a sample of his or her breath or blood when requested to do so by a law enforcement officer.  A refusal to submit to a breath test will result in an extended driver’s license suspension.  Many drivers throughout Florida face this issue annually as Florida had the highest breath test refusal rate in the country at 37 percent. A refusal to submit to breath testing can have a number of serious consequences.  A first time refusal to submit to breath testing will result in a driver’s license suspension for 12 months, but you may seek a hardship license after 90 days so that you are able to commute to work.  A driver who is arrested for DUI may also file an administrative appeal with the DMV within 10 days of his or her driver's license suspension.  It is important to contact an experienced Florida DUI attorney quickly after your arrest to assist with your appeal.  If your Florida DUI lawyer files for a DMV hearing within 10 days, it will keep you driving until the hearing, give your attorney a chance to attack the evidence against you so you maintain your license, and give your attorney a preview of the evidence that will be use against you in the criminal case. A second or subsequent refusal will result in a minimum 18-month suspension, and you will not be eligible for a hardship license during the suspension period.  If you refuse to take a breath test on a second or subsequent occasion, you may also be charged with an additional offense for refusal to submit to chemical testing under Florida’s implied consent law. This crime carries a maximum sentence of a year in the county jail.  Your refusal to submit to a breath test may also be used against you in your criminal case as evidence of your knowledge that you were driving while under the influence of alcohol. It is important to obtain a Florida DUI attorney even if you refuse to submit to a breath test, because the prosecutor may still prove you were under the influence based on other evidence.  The officer and other witnesses might testify about behavior, such as, lack of balance or stumbling, slurred speech, the smell of alcohol, red watery eyes and field sobriety test results.  A DUI conviction can result in a jail sentence even if it is your first offense though this is rare unless you have certain aggravating circumstances.  If you submit to a breath test and your blood alcohol concentration (BAC) is 0.08 percent or above, your license will only be suspended for 180 days to one year.  The breath test will also be key evidence offered in seeking a DUI conviction which will subject you to criminal penalties which will result in additional consequences including a fine, drunk driving school, probation and other penalties.  Experienced Florida DUI law firm may be able to challenge the accuracy of the breath test for a variety of reasons which depend on the specifics of your case. Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case.  Call our toll-free, Florida DUI Law Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).