What Happens If You Refuse a Breath Test During a DUI Stop in Florida

If you are pulled over on suspicion of DUI, you may be asked to take a breath test. While some drivers believe refusing the test will help their case, a DUI refusal to submit a breath test in Florida carries its own serious legal consequences. Understanding what happens after a refusal can help you make informed decisions and protect your rights.

Florida’s Implied Consent Law

Florida operates under an implied consent law, meaning that by driving on Florida roads, you automatically agree to submit to a lawful breath, blood, or urine test if lawfully arrested for DUI.

Refusing a breath test does not prevent charges—it triggers immediate administrative penalties and can be used against you in court.

Penalties for Refusing a Breath Test in Florida

First Refusal

Driver’s license suspension for 12 months
Refusal may be used as evidence in a DUI trial
No eligibility for a hardship license during the first 90 days

Second or Subsequent Refusal

18-month license suspension
Classified as a first-degree misdemeanor
Possible jail time and fines

A repeat refusal is treated much more harshly than a first-time refusal.

Can Refusal Be Used Against You in Court?

Yes. Prosecutors are allowed to argue that refusal suggests consciousness of guilt. Jurors may be instructed that they can consider your refusal when evaluating the evidence.

However, refusal does not automatically prove impairment.

Common Reasons Drivers Refuse a Breath Test

Drivers often refuse because they:

Are unsure of their rights
Fear inaccurate results
Have medical conditions affecting breath samples
Believe refusal will avoid DUI charges

Unfortunately, refusal often creates additional legal problems.

Can You Still Be Charged With DUI After Refusal?

Absolutely. Law enforcement can rely on:

Officer observations
Field sobriety tests
Dashcam or bodycam footage
Witness statements

A DUI charge can proceed even without breath test results.

Possible Defenses to Breath Test Refusal Charges

An experienced DUI attorney may challenge refusal cases by arguing:

Improper traffic stop or arrest
Failure to properly read implied consent warnings
Unlawful testing request
Medical inability to provide a valid breath sample

If the refusal or arrest was unlawful, license suspension and DUI charges may be contested.

How a DUI Attorney Can Help

A DUI refusal case involves both criminal and administrative proceedings. Legal representation can help you:

Challenge license suspension
Seek a hardship license when eligible
Suppress improper evidence
Negotiate reduced penalties or dismissal

Acting quickly is essential—deadlines apply to challenge license suspensions.

Charged With DUI or Breath Test Refusal in Florida?

If you are facing a DUI refusal to submit a breath test in Florida, time is critical. The decisions made early in your case can have long-term consequences for your license, record, and freedom.

Contact our office today for a confidential consultation and take the first step toward protecting your rights.