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If you are arrested for a drunk driving in Florida, you cannot refuse to take a breath, urine, or blood test. If you refuse to take these tests, it will be used as evidence against you during your criminal charges. In addition your driver's license will be suspended if you refuse to take the test.
Therefore, if a drunk driver caused an accident in which a person broke an arm or suffered a cut, those injuries should not be serious enough for the driver to face vehicular assault charges. There are several types of vehicular assault charges in New York. Second degree vehicular assault is a Class E felony.