Can You Refuse a Breathalyzer in Florida? Here’s What You Need to Know
If you're pulled over in Florida under suspicion of driving under the influence (DUI), you may be asked to take a breathalyzer test. It's a moment that can spark panic and uncertainty—should you comply or refuse? Understanding your rights, Florida's laws, and the consequences of refusing a breath test is critical if you ever find yourself in this situation.
Florida's Implied Consent Law
When you drive on Florida roads, you automatically give "implied consent" to submit to chemical testing—including breath, blood, or urine tests—if law enforcement suspects you're driving under the influence. This means that while you technically can refuse a breathalyzer, doing so comes with automatic legal consequences, even if you're not ultimately convicted of DUI.
What Happens If You Refuse a Breathalyzer?
Refusing a breath test in Florida triggers an immediate administrative penalty:
First refusal: Your driver’s license will be suspended for one year.
Second or subsequent refusal: Your license will be suspended for 18 months, and you may also face misdemeanor criminal charges for the refusal itself.
These penalties are enforced by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), separate from any criminal DUI case.
Can Refusal Help or Hurt Your Case?
There are pros and cons to refusing a breath test:
Potential advantages:
It may deny prosecutors a key piece of evidence (your blood alcohol concentration, or BAC) that they could use to secure a DUI conviction.
Potential downsides:
Your refusal can be used against you in court as evidence of consciousness of guilt.
You still can be charged with DUI based on other evidence, such as the officer’s observations or field sobriety tests.
You risk harsher penalties if you have prior DUI-related offenses.
Should You Refuse?
There’s no one-size-fits-all answer. The right decision depends on your unique situation, including whether you have prior DUIs, the presence of any aggravating factors, and your legal strategy moving forward.
If you are unsure, remember: you have the right to remain silent and request to speak with an attorney as soon as possible. Saying as little as possible and contacting a qualified DUI lawyer quickly is often the smartest move you can make.
How Mazin Law Can Help
At Mazin Law, we understand how high the stakes are in DUI cases. Whether you submitted to a breathalyzer or refused, we can help you navigate the legal process, challenge the evidence, and protect your license and your future. If you or someone you know has been charged with DUI in Florida, don’t wait. Contact us today for a confidential consultation.