Refusing a Breath Test in Florida (What Happens Next)
If you refused a breath test in Florida after a DUI stop, you may be facing immediate license suspension and other consequences.
However, refusal cases are often more complex than they appear, and the impact depends on your specific situation.
Understanding what happens next—and what options may be available—is critical.
What Happens If You Refuse a Breath Test in Florida?
Under Florida’s implied consent law, refusing a breath test can result in:
1-year license suspension for a first refusal
18-month suspension for a second refusal
Possible use of the refusal as evidence in court
The consequences depend on whether this is your first or subsequent refusal.
Is Refusing a Breath Test a Crime?
A first refusal is now considered a crime in Florida.
A second refusal will also be charged as a misdemeanor offense
Repeat refusals the State of Florida seeks more serious consequences.
You Still Have a 10-Day Deadline
Even if you refused the breath test, you still only have 10 days to take action regarding your license.
👉 Learn more:
Florida DUI 10-day rule →
Missing this deadline can result in automatic suspension.
Can Refusing a Breath Test Help Your Case?
Refusing a breath test can affect a DUI case in different ways.
In some cases:
The State may have less direct evidence of BAC
The refusal may still be used against you as consciousness of guilt.
Other evidence (driving, observations) may still be used
Every case depends on the facts.
What Evidence Can Still Be Used?
Even without a breath test result, the State may rely on:
Officer observations
Driving patterns
Field sobriety exercises
Statements made during the stop
👉 Learn more:
What happens after a DUI arrest →
Can a Refusal Case Be Challenged?
In some situations, it may be possible to challenge and exclude a breath test refusal:
Whether the refusal was valid
Whether proper warnings were given
Whether procedures were followed
The legality of the traffic stop
These issues can affect how the case is handled.
Refusal vs Blowing Over 0.08 vs. Blowing over 0.15
It is important to understand the difference:
👉 Blew over 0.08 →
Direct BAC evidence
👉 Refused breath test
No BAC number
Different legal considerations
👉 Blew over 0.15 →
Cost of Hiring a DUI Lawyer
Many people are concerned about legal fees after a DUI arrest.
👉 Learn more:
Cost of a DUI lawyer →
DUI Defense in Sarasota and Surrounding Areas
We represent clients throughout Sarasota and nearby communities, including:
Bradenton
Venice
North Port
Siesta Key
Longboat Key
👉 Areas we serve →
Speak With a DUI Lawyer
If you refused a breath test in Florida, the situation can move quickly.
Understanding your options early can make a difference in how your case is handled.
👉 Sarasota DUI lawyer →
❓ FAQ (FEATURED SNIPPET TARGET)
❓ What happens if you refuse a breath test in Florida?
You may face a license suspension of 1 year for a first refusal and 18 months for a second refusal.
❓ Is refusing a breath test better than failing?
It depends on the case. Refusal removes BAC evidence but may still be used against you.
❓ Can refusal be used against you in court?
Yes, in many cases the refusal may be introduced as evidence.
❓ Do you still get a DUI if you refuse?
Yes. A DUI charge can still be filed based on other evidence.