Last updated November 2025
You’ve been pulled over. The officer suspects DUI. They ask you to blow into a breathalyzer. You hesitate. You wonder: Can I legally refuse a breath test in Florida?
The answer is yes — but with serious consequences. Florida has strict implied consent laws, and refusing can trigger a whole new set of problems, even if youβre never convicted of DUI.
Here’s what you need to know.
π Florida’s Implied Consent Law
Under Florida Statute § 316.1932, by driving on Florida roads, you automatically consent to submit to a lawful breath, blood, or urine test if lawfully arrested for DUI.
Refusing a breath testis legal, but comes with immediate administrative penalties β and can also be used against you in court.
β οΈ Consequences of Refusing a Breath Test in Florida
| Offense | License Suspension | Additional Penalties |
|---|---|---|
| 1st Refusal | 1 year | Used as evidence of guilt in DUI case |
| 2nd Refusal | 18 months | Criminal charge (1st degree misdemeanor), plus DUI charge |
π Refusing the test does not guarantee avoiding a DUI conviction. Prosecutors can still build a case using officer observations, dash cam, and field sobriety tests.
β When Refusing Might Hurt — or Help
π» Refusing May Hurt You If:
You’ve refused before (2nd refusal is a crime)
You’re a commercial driver
You need to drive for work or caregiving
You want to keep your license intact during your case
πΉ Refusing Might Help If:
Your BAC would have been very high
You believe the officer didn’t have legal grounds to request the test
You intend to challenge the entire stop as unlawful
π Refusing the test does not guarantee avoiding a DUI conviction. Prosecutors can still build a case using officer observations, dash cam, and field sobriety tests.
π‘οΈ How We Defend DUI Refusal Cases
At Michael White, P.A., we don’t let the State dictate the narrative. Our strategy starts with examining every second of the stop.
πΉ Unlawful Arrest or Stop
If the officer lacked probable cause, the breath request β and the refusal β may be thrown out.
πΉ Procedural Errors
Was the implied consent warning read properly? Was the refusal truly voluntary? We check every detail.
πΉ Challenge License Suspension
You have just 10 daysto request a formal review hearing. We fight for your right to drive.
πΉ Limit What the Jury Sees
We file motions to exclude refusal evidence and suppress biased testimony.
β Why Clients Choose Michael White
β
Former prosecutor with extensive DUI litigation experience
β
Fast response for 10-day DMV hearing deadline
β
Trusted by professionals, students, and first-time offenders
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Aggressive courtroom defense with real results
π Refused a Breath Test in Florida? The Clock Is Already Ticking.
Let’s protect your license, your record, and your future.
β Frequently Asked Questions
π¨βοΈ Can I refuse a breath test in Florida?
Yes, but your license will be suspended and your refusal can be used as evidence in your DUI case.
π How long will I lose my license if I refuse?
A first refusal results in a 1-year suspension. A second refusal leads to 18 months and additional criminal charges.
π How long do I have to fight the license suspension?
Not necessarily. The State can still convict you based on officer observations, field tests, or video footage.
π Will refusing prevent a DUI conviction?
You have 10 days from the date of arrest to request a DMV hearing and fight for your driving privileges.
π§Ύ Is a refusal ever a crime?
Yes. A second or subsequent refusal is a first-degree misdemeanor in Florida.