When you are driving in Florida and an officer pulls you over due to the suspicion that you were driving under the influence of alcohol or drugs, and they ask you to do a test to prove your blood alcohol level, you have a legal duty to oblige to the officer. It may seem frustrating to comply with the officer, especially when you are completely innocent of the crime that they are accusing you of, but you should always agree to do the test.

If you fail to comply with an officer who is asking you to give a BAC test, your refusal can be used as evidence against you in court. If this is your second time refusing to submit such a test you can be charged with a first-degree misdemeanor.

Police officers even have the authority to use reasonable force to withdraw your blood if they have strong reasons to suspect you are driving under the influence of intoxicants, but you are refusing to cooperate with them.

Not only will you be charged, but you can also have your driver’s license suspended. For first time refusals, you can have your license suspended for a year, and for subsequent refusals, you can have your license suspended for up to 18 months.

If an officer pulls you over and asks for a test you should be as polite as possible and give them the information they request. You should also call a criminal defense lawyer at your earliest convenience to learn the different options you have to possibly avoid penalization in court or to at least have your sentence lightened by as much as your particular situation allows.

If I am caught for DUI, will I have to go to DUI school in Fort Meyers, Florida?


In most cases, you will be compelled to attend DUI school if you are called in for a first time DUI conviction. A lawyer who is experienced in dealing with DUI cases can inform you of whether DUI school is mandatory for your case or if there are alternatives you can opt for instead.

If your case requires you to attend DUI school, attendance is mandatory and failure to complete it within 90 days can result in your license being canceled.

Other cases in which you may be required to go to DUI school include:

  • A second conviction in 5 years
  • DUI manslaughter
  • Reckless driving accompanied caused by DUI

Whether you were guilty of driving while under the influence of alcohol and drugs, or you were wrongly arrested by an officer, it always helps to have professional legal help on your side to get the confidence and reassurance you need to assist you through the entire process.

Get in touch with a criminal defense lawyer at the Robert Foley Law Firm as soon as possible.

Reach us at:

(239) 690-6080

[email protected]

2259 Cleveland Ave,

Fort Myers, FL 33901

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