Refusing a Breath Test: Consequences, Myths, and Realities in Florida

When an officer of the law pulls you over on suspicion of DUI, one of the very first things they ask is for you to provide a breath sample. For a lot of drivers, this moment can be confusing. Some folks believe that refusing the breath test is the safest choice. Others assume refusal will automatically protect them from a DUI conviction. The truth is much more complicated. Understanding Florida laws on breath test refusal can help you make informed decisions and avoid costly mistakes.

Myth: Refusing a breath test means no DUI arrest

One common misconception is that if you refuse a breath test, it means that the state will have no case against you. In reality, prosecutors can still use other evidence against you, such as your driving patterns, the officer’s observations, or field sobriety tests. While refusing may limit the prosecutor’s evidence, it won’t guarantee that your case will be dismissed.

Florida’s implied consent law 

Florida has what’s called an “implied consent” law. Simply by driving on Florida’s roads, you’ve already agreed to submit to chemical testing if lawfully arrested for DUI. Refusing the breath test violates that agreement and carries automatic penalties from the Florida Department of Highway Safety and Motor Vehicles (DHSMV). These are separate from any criminal case in court. So, you can be charged with more crimes for refusing.

First refusal: Civil penalties

If you refuse a breath test for the first time, you can face an automatic one-year driver’s license suspension. This suspension is administrative. That means it happens even before your criminal DUI case is resolved. You will only have 10 days from the date of your arrest to request a hearing to challenge the suspension or apply for a hardship license.

Second refusal 

If you refuse to take the breath test for a second time, it will carry even harsher penalties. Not only will your license be suspended for 18 months, but refusing a second time is also a misdemeanor offense. That means you could face DUI charges plus another conviction, simply for refusing.

Prosecutors will use your refusal against you

Many drivers erroneously believe that refusing will improve their case. Prosecutors often argue the opposite. At trial, the state will present evidence of your refusal to suggest that you refused because you knew that you were guilty. While a skilled defense attorney can counter this argument, it’s important to realize that refusing won’t work in your favor.

Is refusing ever a good idea? 

There are some situations where refusing could limit the state’s evidence against you. This is particularly true if other proof of impairment is weak. Without a breath test number, the prosecution may have a harder time proving your BAC was over the legal limit. Still, these cases require careful legal strategy to succeed.

Talk to an Orlando, FL, DUI Lawyer Today

FL DUI Group represents the interests of Orlando residents who are facing DUI charges. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin defending you right away.