Florida has long struggled with high refusal rates among drivers asked to submit to a Breathalyzer test when suspected of driving under the influence. Under current laws, refusing to take the test results in an automatic one-year suspension of the driver’s license. This consequence, while inconvenient, has led many individuals to gamble on refusing the test, assuming they can avoid more severe DUI charges. But new legislation could change the game entirely for those hoping to sidestep Florida’s DUI laws.

On March 1, the Florida Senate passed Senate Bill 260 with a decisive 32-1 vote, aiming to give drivers suspected of DUI a second option: instead of facing a license suspension, they could install an ignition interlock device in their vehicle for one year. This device would prevent the car from starting if the driver has consumed alcohol, ensuring safety on the roads while allowing offenders to keep driving under monitored conditions.

Florida Senate's passage of this bill reflects a growing concern over the state’s refusal rates for Breathalyzer tests, which currently sit at 35%, well above the national average of 24%. This new legislation hopes to reduce refusals by giving suspected drunk drivers an alternative that focuses on public safety without completely stripping them of their driving privileges.

What Is an Ignition Interlock Device?

An ignition interlock device is a small, handheld breathalyzer that’s installed in a vehicle. Before starting the car, the driver must blow into the device, which measures their blood alcohol concentration (BAC). If the BAC is above the programmed limit, the vehicle will not start. This technology has been proven effective in reducing recidivism among DUI offenders. The National Highway Traffic Safety Administration reports that drivers with ignition interlock devices installed have a 75% lower recidivism rate compared to those without.

Implied Consent in Florida

If you hold a Florida driver’s license, you have already provided what is known as "implied consent." This means that by simply having a license, you’ve agreed to submit to chemical or physical tests—such as breath, blood, or urine tests—if a law enforcement officer suspects that you are driving under the influence. Refusing these tests not only results in an automatic one-year license suspension, but it can also complicate your defense in court, as the refusal itself can be used as evidence against you.

Why Drivers Refuse the Breathalyzer

In Florida, a first DUI conviction can carry severe penalties, including fines, probation, and even jail time. Understandably, many drivers panic when pulled over for suspected DUI and refuse the Breathalyzer test, hoping to avoid giving law enforcement incriminating evidence. However, this can backfire, as refusal triggers its own set of penalties and might lead to further suspicion from law enforcement. With the proposed changes in Senate Bill 260, refusal would no longer be a simple trade-off; drivers would have to make a choice between the installation of an ignition interlock device or living without a license for a year.

Financial Considerations for Drivers

While Senate Bill 260 introduces the ignition interlock device as an alternative, there are financial responsibilities that come with this option. Drivers choosing the device will bear the costs of installation and maintenance. Installation fees range between $70 and $170, while monthly leasing and monitoring fees range from $50 to $120. Though these costs may seem steep, they pale in comparison to the long-term consequences of losing a license for a year or worse—facing additional DUI charges if caught driving on a suspended license.

Public Safety Impacts

Supporters of Senate Bill 260 argue that this alternative strikes a balance between punishing DUI offenders and maintaining public safety. Drivers who opt for the interlock device will still be allowed to drive, but under strict conditions that prevent further drinking and driving. Ignition interlock devices also have the added benefit of allowing DUI offenders to continue with their daily lives, including commuting to work, caring for family members, and attending mandatory court-ordered treatments or education programs.

The bill’s proponents also point to studies showing that ignition interlock devices are effective tools in curbing drunk driving. With fewer repeat offenders and better control over at-risk drivers, the hope is that the roads will become safer for everyone.

What Happens Next?

Senate Bill 260 has successfully passed through the Florida Senate, but it now awaits approval in the House. While it remains to be seen whether the House will pass the bill in its current form, the overwhelming Senate vote signals broad support for tougher, yet flexible, penalties for those accused of driving under the influence.

What Should You Do If You’re Arrested for a DUI in Florida?

If you are pulled over for suspected DUI in Florida, the decisions you make in the heat of the moment could have long-lasting consequences. Should you refuse a Breathalyzer test? Is opting for an ignition interlock device the right choice for you? These are not decisions to make lightly, and they are certainly not ones to make without legal guidance. A DUI arrest can impact your freedom, your job, and your financial stability.

If you find yourself facing DUI charges, it’s critical to have an experienced attorney on your side to help you navigate the complex legal system. A lawyer can explain the nuances of Senate Bill 260 and how it applies to your case. They can also advise you on whether installing an ignition interlock device is the best option and work to reduce the overall penalties you face.

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

When it comes to a DUI charge, the sooner you take action, the better your chances of achieving a favorable outcome. Whether you're dealing with the immediate consequences of an arrest or deciding whether to challenge the installation of an ignition interlock device, having knowledgeable legal representation is key.

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.