What Happens if You Refuse a Breathalyzer in Florida?

August 31, 2025
Difilippo & Pica

If you’re pulled over for suspected DUI in Florida, one of the most important decisions you may face is whether to submit to a breathalyzer test. While you technically have the right to refuse, doing so comes with serious legal consequences under Florida’s implied consent law. Understanding the risks and legal outcomes of refusing a breath test is essential for anyone driving in the state.

Florida’s Implied Consent Law

When you drive on Florida’s roads, you automatically consent to submit to a breath, blood, or urine test following an arrest for DUI. These so-called “implied consent laws” come with additional penalties if you refuse to submit to testing. Refusing to take a breathalyzer doesn’t mean you won’t be charged with DUI, and in many cases, it can actually make your situation worse.

Immediate Consequences of Refusing a Breathalyzer

The first and most immediate consequence of refusing a breath test is an administrative suspension of your driver’s license. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) imposes the following penalties:

  • First refusal: 1-year license suspension
  • Second or subsequent refusal: 18-month suspension and a separate misdemeanor criminal charge

This license suspension takes effect regardless of whether you are eventually convicted of DUI. You have just 10 days from the date of arrest to request a formal hearing to challenge the suspension, or it becomes automatic.

Refusal Can Be Used Against You in Court

While refusing the breath test might seem like a way to avoid DUI evidence, prosecutors can—and often do—use your refusal as evidence of guilt. Florida courts allow juries to hear that you declined testing, which may create the impression that you were trying to hide your intoxication.

When Refusal Leads to a Criminal Charge

If this is your second or subsequent refusal, Florida law treats it as a first-degree misdemeanor. This carries potential penalties, including:

  • Up to 1 year in jail
  • A fine of up to $1,000
  • Probation and community service
  • Additional license suspension

At that point, you’re not just dealing with administrative penalties—you’re now facing criminal consequences for the refusal itself, separate from any DUI charge.

Defending Against a Breathalyzer Refusal

If you’ve refused a breathalyzer, it’s important to speak with a DUI attorney as soon as possible. Our team could challenge the probable cause for the arrest, making any request for a chemical test unlawful. We could also argue that you were not adequately advised of your rights under the implied consent law. This approach could not only help you avoid an implied consent violation, but it could also strengthen your defense against a DUI charge.

Talk to Difilippo & Pica, PLLC, After Refusing a Breath Test

Refusing a breathalyzer in Florida carries serious consequences, including immediate license suspension and potential criminal charges for repeat refusals. While a refusal can complicate your case, there are ways to make the most of it when defending against allegations of drinking and driving.

At Difilippo & Pica, PLLC, we understand the stakes involved in a DUI case. Reach out right away to let us help you protect your rights.

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