Is it possible to be arrested for DUI if a person refuses to submit to a test for alcohol or drugs?

Being arrested for DUI without submitting to a test for alcohol or drugs is indeed possible because laws in many states, including Florida, provide for this scenario. Refusing to take a breath, blood, or urine test does not prevent law enforcement from making an arrest if they have probable cause to believe that a person is driving under the influence.

Officers can base their probable cause on various factors such as erratic driving, slurred speech, the smell of alcohol, or other observable signs of impairment. Therefore, even in the absence of a test result, an officer can still proceed with the arrest if they suspect the individual is impaired, and such an arrest is supported by the law.

Additionally, in many states, refusal to submit to testing may even result in additional legal penalties, like automatic license suspension, which reinforces the seriousness of the situation. This underlying legal framework supports the notion that an arrest can be made regardless of test results.