Florida’s Chemical Testing Laws and Driver’s License Suspensions

When law enforcement stops a driver for suspicion of driving under the influence (DUI) in Florida, one of the first things they look for is whether the driver will submit to a breath, blood, or urine test. Many people do not realize that simply having a Florida driver's license means they have already agreed to take these tests if law enforcement has probable cause to believe they are impaired. This agreement falls under Florida’s Implied Consent Law, which is outlined in Florida Statutes § 322.2615.

Refusing a chemical test triggers immediate and severe consequences, including a suspended driver's license. The legal system treats this refusal seriously, and understanding how these laws work can make all the difference in protecting driving privileges and avoiding unnecessary penalties.

What Is Florida’s Implied Consent Law?

Under Florida Statutes § 322.2615, any individual operating a motor vehicle within the state is considered to have given their implied consent to submit to a breath, blood, or urine test if they are lawfully arrested for DUI. The purpose of this law is to help law enforcement determine whether a driver is under the influence of alcohol or drugs.

While Florida law allows officers to request these tests, drivers can refuse. However, that refusal does not come without serious consequences. The first refusal results in an automatic one-year suspension of driving privileges, while a second or subsequent refusal is classified as a first-degree misdemeanor under Florida Statutes § 316.1939, which carries harsher penalties.

What Happens After a Refusal Under Florida Statutes § 322.2615?

Refusing to submit to a breath, blood, or urine test sets off a chain reaction of legal and administrative consequences. Florida law enforcement officers must inform the driver that refusal will lead to a license suspension and, in some cases, criminal charges.

License Suspension

The most immediate consequence of a refusal is the administrative suspension of your driver’s license under Florida’s implied consent law.

  • First refusal → One-year license suspension
  • Second or subsequent refusal → Eighteen-month suspension and a first-degree misdemeanor charge

This suspension is imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and happens separately from any criminal DUI case. A person who refuses a breath test can still be charged and convicted of DUI based on other evidence, such as officer observations, field sobriety test results, or prior history.

How to Fight a License Suspension After Refusing a Breath Test

One of the most important steps after refusing a breath test is to act quickly. Florida law allows only 10 days from the date of the arrest to request a formal review hearing with the DHSMV. If this deadline is missed, the suspension automatically takes effect, leaving no opportunity to challenge it.

The Formal Review Hearing Process

During the DHSMV hearing, it is possible to challenge the suspension by examining the circumstances of the traffic stop and refusal. Here are some common defenses:

  • Lack of Probable Cause → Law enforcement must have a valid reason to stop the vehicle. If the stop was unlawful, the test refusal may not be admissible.
  • Failure to Inform the Driver of Consequences → Officers must clearly state that refusal results in a license suspension. If this step was skipped, the refusal may be challenged.
  • Medical Conditions or Communication Issues → If a driver has a medical condition that affects their ability to comply or was unable to understand instructions due to a language barrier, this may be grounds for appeal.
  • Improper Law Enforcement Procedures → If the officer failed to properly administer field sobriety tests or the refusal was misinterpreted, the suspension can be contested.

Winning at the formal review hearing could result in the restoration of driving privileges, allowing the driver to avoid suspension entirely.

Is It Ever a Good Idea to Refuse a Breath Test in Florida?

Many drivers assume that refusing a breath test is the best way to avoid a DUI conviction. While refusing a breath test limits the evidence available to prosecutors, it does not guarantee a better outcome. Here’s why:

  • Refusal Can Be Used Against You in Court → Prosecutors often argue that a refusal indicates consciousness of guilt—that the driver knew they were impaired and refused the test to hide it.
  • Field Sobriety Tests and Officer Observations Still Matter → Even without a breath test, DUI charges can be based on officer testimony, video evidence, and field sobriety test performance.
  • Multiple Refusals Lead to Criminal Charges → A second refusal results in a misdemeanor charge, which can mean jail time, probation, and higher fines.

If a driver has no prior DUIs, refusing a breath test may avoid a high BAC reading, making it harder for prosecutors to prove impairment. However, for repeat offenders, refusal often results in harsher penalties, including mandatory jail time.

How an Attorney Can Help in Refusal Cases

A breath test refusal creates serious legal complications, but a strong defense can significantly improve the outcome of the case. Some of the key ways an attorney can help include:

  • Requesting a Formal Review Hearing → This must be done within 10 days to fight the license suspension.
  • Examining Police Conduct → If the officer did not follow proper procedures, the refusal might be thrown out.
  • Challenging the Traffic Stop → If there was no valid reason for the initial stop, all evidence gathered afterward could be dismissed.
  • Exploring Diversion Programs → First-time offenders may be eligible for programs that avoid criminal convictions and allow for record sealing later.

Fighting a license suspension or a DUI charge based on refusal requires a careful legal approach. The sooner a defense is built, the better the chances of reducing or eliminating the penalties.

Florida Implied Consent Law FAQs

What happens if I refuse a breath test in Florida?
Refusing a breath test results in an automatic license suspension. For a first refusal, the suspension lasts one year. A second or subsequent refusal leads to an 18-month suspension and a first-degree misdemeanor charge.

Can I fight my license suspension after refusing a breath test?
Yes. You have 10 days from the date of arrest to request a formal review hearing with the DHSMV. If successful, you may be able to regain your driving privileges.

Can I still be convicted of DUI if I refuse a breath test?
Yes. Even without breath test results, prosecutors can rely on officer observations, field sobriety tests, and other evidence to prove impairment.

Is it better to refuse a breath test in Florida?
It depends. Refusing may prevent a high BAC reading from being used against you, but it also results in automatic license suspension and can be used in court as evidence of guilt.

How does the second refusal affect my case?
A second refusal is treated as a first-degree misdemeanor and can result in up to one year in jail, probation, and fines. It also leads to a mandatory 18-month license suspension.

What if I wasn’t told about the consequences of refusing the breath test?
If law enforcement failed to inform you of the penalties for refusal, this can be challenged at a formal review hearing and in criminal court.

Will refusing a breath test affect my insurance?
Yes. A license suspension for refusal can lead to higher insurance rates and difficulty obtaining coverage.

What should I do immediately after refusing a breath test?
Act quickly. You must request a formal review hearing within 10 days and consult with an attorney to build a defense strategy.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.