What happens if I refuse a breath test in Florida?Return to FAQ Videos
If you refuse a breath test in the state of Florida, your license is administratively suspended for a period of one year. If it’s a first offense, you’re able to get a hardship license for that period. On the criminal side, if you refuse a breath test in Florida, the prosecutor will try to use that as a … it’s called a consciousness of guilt argument where they will say that you refused because you knew you were guilty. However, a defense attorney will use that argument against them because at the point that you’re asked to provide a breath test, you’re under arrest, and you’re under no obligation to further cooperate with law enforcement at that point, so you’re exercising your right to remain silent and the right not to cooperate, which under Florida law, you’re allowed to do.