Can You Refuse a Breath Test in Florida?

What the implied consent law says

Under Section 316.1932, Florida Statutes,, a person who drives in Florida is deemed to have consented to an approved chemical or physical test of their breath if they are lawfully arrested for an offense allegedly committed while driving, or in actual physical control of a vehicle, under the influence of alcohol. The test must be incidental to a lawful arrest and requested by an officer who has reasonable cause to believe the person was driving under the influence. The same section covers urine tests for chemical and controlled substances.

See the glossary entry for implied consent.

What the officer must say

The statute requires that the driver be told that refusing a lawful breath test will result in a suspension of the privilege to drive for 1 year for a first refusal, or 18 months if the driver’s license was previously suspended for a refusal. The driver must also be told that refusing is a crime.

The three consequences of refusing

1. An administrative license suspension

The officer takes the license and issues a notice of suspension under section 322.2615: 1 year for a first refusal and 18 months for a later one. The driver has 10 days to ask for a review. See the 10-day rule. If the suspension is upheld, the driver cannot get a business or employment license until 90 days after the last temporary permit expired.

2. Evidence in the DUI case

Section 316.1932 says the refusal to submit to a breath or urine test at an officer’s request is admissible into evidence in any criminal proceeding.

3. A separate criminal charge

Section 316.1939, Florida Statutes, makes the refusal a crime. Chapter 2025-121, Laws of Florida, changed the section with effect from October 1, 2025:

Refusal	Offense level	General maximum
First refusal	Second-degree misdemeanor	60 days in jail and a $500 fine
Second or later refusal	First-degree misdemeanor	1 year in jail and a $1,000 fine

Before that date, a first refusal was not a crime. The offense applies when the officer had probable cause to believe the person was driving under the influence, the person was lawfully arrested, the person was told about the suspension and the criminal penalty, and the person then refused.

Important exceptions

• Blood tests after a serious crash. Under section 316.1933, Florida Statutes, if an officer has probable cause to believe that a vehicle driven by a person under the influence caused the death or serious bodily injury of a human being, the officer must require a blood test and may use reasonable force if necessary.
• Blood tests at a hospital. Section 316.1932 also provides for a blood test when a person appears for treatment at a hospital, clinic, or other medical facility, including an ambulance, and a breath or urine test is impractical or impossible.
• A person who cannot refuse. A person who is unconscious or otherwise incapable of refusing is deemed not to have withdrawn consent.

What refusing does not do

A refusal means there is no breath result, but DUI can be proved in two ways under section 316.193: by an alcohol level of 0.08 or higher, or by showing that the person’s normal faculties were impaired. The State can still pursue the second. Section 316.1939 also says that the outcome of a criminal refusal charge does not affect the administrative suspension.

Common questions

Is refusing a breath test a crime in Florida?

Yes, since October 1, 2025. A first refusal is a second-degree misdemeanor.

Can a person who refused still get a restricted license?

Section 322.271 allows some first-time drivers to accept a business-purposes license instead of a review. Otherwise the wait after a sustained refusal suspension is 90 days. See hardship licenses and DUI school in Florida.

Can a person who refused apply for D.R.O.P. in Pinellas County?

The State Attorney’s published criteria include a person who refused a breath, blood, or urine sample, and place refusal cases in the program’s second tier. See D.R.O.P. in Pinellas County.

When to speak with an attorney

A refusal creates up to three separate proceedings with different deadlines. A licensed Florida attorney can explain how they interact in a specific case. A person who cannot afford a lawyer can ask the court to appoint the public defender. See also DUI in Florida and the DUI and Traffic Crimes topic page.