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?
Yes. Since October 1, 2025, under Trenton's Law (CS/HB 687, Chapter 2025-121, Laws of Florida), refusing a breath or urine test after a lawful DUI arrest is a criminal offense under section 316.1939:
A first refusal is a second-degree misdemeanor: up to 60 days in jail and a $500 fine, on top of the one-year license suspension.
A second or later refusal is a first-degree misdemeanor: up to one year in jail and a $1,000 fine, on top of an 18-month suspension.
The officer must now warn you that refusing is a crime before the refusal can be charged, and the State still has to prove a lawful stop and a lawful arrest. Refusals before October 1, 2025 are handled under the old law. The full explanation, including the defenses to the new charge, is on the Trenton's Law page.
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 →
Address the license deadline promptly
Formal or informal review must generally be requested within 10 days after the suspension notice is issued. The suspension process does not wait for the criminal court date, and a review request does not itself authorize continued driving. Read the Florida DUI 10-day rule.
What should a refusal defense review examine?
The legal basis for the stop, detention and arrest.
Whether the particular test request was lawful.
The exact implied-consent warning and whether it was given.
What was said or done in response, including video and timing.
Whether a medical, language or physical issue affected the interaction.
The records supporting any alleged prior refusal.
A defense depends on the actual evidence. A missing test result does not by itself require dismissal.
Refusal does not remove every possible source of evidence
The prosecution may rely on observations, driving, video, statements and other admissible evidence. Depending on the circumstances, other testing may also exist. Whether refusal evidence is admissible and how much weight it deserves are separate questions.
Compare an alleged result of 0.08 or more and high-BAC allegations.
Discuss both proceedings and the fee
Ask whether the proposed representation covers the criminal DUI case, a refusal charge and administrative review. The scope should be clear before you hire counsel. Read about fees and payment options.
Sarasota and Bradenton DUI representation
Daniel D. Nawara represents people facing criminal and DUI matters in Sarasota and Manatee County. Learn about Sarasota DUI defense and Bradenton DUI defense.
Is refusing better than taking the test?
There is no universal answer that protects someone from prosecution. Refusal can carry its own criminal and license consequences. If an incident has already occurred, preserve the paperwork and discuss the specific request, warnings and evidence with counsel.
Discuss your situation with Daniel D. Nawara. Call (941) 920-5514 or request a free consultation. Payment plans are available; the fee and scope are discussed before you decide to hire the firm.
Frequently asked questions
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.