DUI Refusal Defense Attorney in Jacksonville

Former DUI Unit Leadership Informs Your Defense

Refusing a breath or urine test after a DUI arrest can create two separate problems: a criminal refusal charge and an administrative driver’s license suspension. At First Coast Criminal Defense, we evaluate both tracks using Alex King’s firsthand experience managing the DUI Unit for the Fourth Judicial Circuit as an Assistant State Attorney.

The deadline to challenge a refusal-based suspension can arrive before the criminal case is resolved. A driver generally has 10 days from the arrest or notice of suspension, whichever is later, to request administrative review. Available options depend on the circumstances, so prompt review matters.

Criminal & License Consequences of a DUI Refusal

Effective October 1, 2025, Trenton’s Law makes a first refusal of a lawful breath or urine test after a DUI arrest a second-degree misdemeanor under Florida Statute § 316.1939. The offense can carry up to 60 days in jail and a fine of up to $500. The statute applies to breath and urine test refusals, not blood-test refusals.

A second or later refusal can carry up to one year in jail and a fine of up to $1,000. These offenses are misdemeanors, but the precise allegations and potential penalties depend on the facts and applicable law.

The administrative consequences are separate from the criminal charge:

• First refusal: A refusal can trigger a 12-month administrative driver’s license suspension.
• Second or later refusal: Another refusal can trigger an 18-month administrative suspension.
• Administrative review: A driver generally must request review within 10 days of arrest or notice of suspension, whichever occurs later.

A decision in one process doesn’t automatically resolve the other. We address the administrative license process during our case review while preparing a defense to the criminal allegations.

How We Review Chemical-Test Refusal Cases

Alex King’s prior responsibility for the Fourth Judicial Circuit DUI Unit informs how we examine the government’s evidence. We assess the full sequence of events rather than treating the refusal as an isolated fact.

Depending on the case, our review can include:

• The basis for the traffic stop and arrest.
• Police reports and body-camera footage.
• Field sobriety exercises and officer observations.
• The chemical-test request and related evidence.
• Testing procedures and chain of custody.
• Administrative license issues arising from the refusal.

We prepare every case as though it may proceed to trial. That requires careful investigation of what officers did, what warnings they gave, how they documented the alleged refusal, and whether the evidence supports each required element.

Our intentionally small caseload allows Alex King to give each client individualized attention. He remains directly involved and provides access to his personal cell phone, so questions about the criminal case and license process aren’t filtered through layers of attorneys.