Understanding the Consequences of Refusing a Breathalyzer in Florida
If you are stopped under suspicion of driving under the influence (DUI) in Florida, one of the first things law enforcement may do is request that you take a breathalyzer test. Many drivers wonder whether they should comply or refuse. While refusing may seem like a way to avoid a DUI charge, it comes with serious legal consequences. Understanding what happens if you refuse a breath test for a first-time DUI is critical to making informed decisions about your rights and how to fight the charges you may face.
Florida’s Implied Consent Law and Refusing a Breath Test
Florida law requires all drivers to submit to breath, blood, or urine testing if an officer has probable cause to believe they are under the influence. This is known as Implied Consent, established under Florida Statutes § 316.1932.
The moment you obtain a driver’s license in Florida, you are legally agreeing to this requirement. If you refuse a breath test after a DUI stop, the penalties are automatic and take effect whether or not you are convicted of DUI.
Penalties for Refusing a Breathalyzer for the First Time
If this is your first time refusing a breath test, the consequences include:
- Automatic License Suspension: Your driver’s license will be suspended for one year, regardless of whether you are convicted of DUI.
- No Temporary Hardship License for 90 Days: If you refuse, you must wait 90 days before you can apply for a hardship license, which would allow you to drive for work or essential purposes.
- Used Against You in Court: Prosecutors can argue that you refused because you knew you were intoxicated.
These administrative penalties are separate from any criminal charges related to DUI. If you are later convicted of DUI, you may face additional penalties, including fines, probation, or even jail time.
What Happens at a DUI Stop When You Refuse a Breathalyzer?
When an officer pulls you over on suspicion of DUI, they will typically:
- Observe Driving Behavior – Swerving, speeding, or delayed reactions can be considered signs of impairment.
- Conduct a Traffic Stop – The officer will ask for your license, registration, and proof of insurance.
- Ask Questions – You are not legally required to answer questions about drinking.
- Perform Field Sobriety Tests – These are optional, but the officer may use refusal as part of their report.
- Request a Breathalyzer Test – If you refuse, the officer will inform you of the consequences.
- Make an Arrest – If the officer believes they have probable cause, they can still arrest you, even without breath test results.
After the arrest, your license suspension begins immediately, and you have only 10 days to request a hearing to challenge the suspension.
The 10-Day Rule: How to Protect Your License After Refusing a Breath Test
Florida law gives you just 10 days to fight your license suspension. If you fail to take action, the suspension remains in place, and you will lose your ability to drive legally.
To contest the suspension, you must request a formal review hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). At the hearing, we can present evidence to show that:
- The officer lacked probable cause for the DUI stop.
- The refusal was due to miscommunication or misunderstanding.
- The officer failed to properly inform you of the consequences of refusing.
A successful defense at the hearing may restore your driving privileges or allow you to apply for a hardship license sooner.
How Refusing a Breathalyzer Affects a DUI Case
Some people believe that refusing a breath test helps them avoid a DUI conviction. While it does eliminate direct BAC evidence, it does not mean the prosecution won’t have a case.
The State may use other forms of evidence, including:
- Officer Observations – Slurred speech, bloodshot eyes, and the smell of alcohol can be used as proof of impairment.
- Field Sobriety Tests – If you agreed to perform these tests, they may be introduced as evidence.
- Witness Testimony – Passengers or other drivers may testify about your behavior before the stop.
Prosecutors may also argue that refusing a breathalyzer suggests consciousness of guilt—meaning you refused because you knew you were over the limit. This is a common tactic used in court, but it can be challenged.
Defenses to a DUI Breath Test Refusal
Refusing a breathalyzer test does not mean you are automatically guilty. There are several legal defenses that can weaken the prosecution’s case.
Lack of Probable Cause
The officer must have reasonable suspicion to stop you and probable cause to request a breath test. If the stop was unjustified, any evidence collected could be thrown out.
Failure to Inform You of Consequences
Officers are required to inform you of the penalties for refusing a breath test. If they failed to do so, the refusal may be challenged.
Medical Conditions or Equipment Malfunction
Certain medical conditions can affect a person’s ability to provide a breath sample, and technical issues with the breathalyzer device can make results unreliable.
Unlawful Arrest Procedures
If the officer did not follow proper arrest procedures, the refusal may not be admissible in court.
How an Experienced DUI Lawyer Can Help
If you refused a breathalyzer test, you need a strong defense to fight both the license suspension and the criminal DUI case. A lawyer can:
- Request a formal review hearing to challenge the suspension.
- Investigate the legality of the traffic stop.
- Challenge officer testimony and field sobriety test results.
- Argue that refusal does not indicate guilt.
- Seek reduced charges or case dismissal.
The sooner you act, the stronger your defense can be.
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.
FAQs
What is Florida’s Implied Consent Law?
Florida’s Implied Consent Law requires drivers to submit to breath, blood, or urine testing if they are suspected of DUI. If you refuse, your license is automatically suspended, even if you are never convicted.
Can I go to jail for refusing a breathalyzer in Florida?
For a first refusal, you will not face jail time unless you are later convicted of DUI. If this is your second refusal, you could be charged with a first-degree misdemeanor, punishable by up to one year in jail.
How does refusing a breathalyzer affect my license?
Refusing a breathalyzer automatically suspends your license for one year. You only have 10 days to request a hearing to fight this suspension.
Can I get a hardship license if I refuse a breath test?
Yes, but you must wait 90 days before applying. If you had taken the test and failed, you could apply immediately.
Does refusing a breath test help me avoid a DUI conviction?
Not necessarily. The State can still use officer observations, field sobriety tests, and witness statements to convict you of DUI.
How can I fight a breathalyzer refusal charge?
Possible defenses include lack of probable cause, improper police procedure, failure to inform you of the penalties, and medical issues that prevented compliance.
Should I refuse a breathalyzer if I’m pulled over for DUI?
Refusing a breathalyzer can limit the evidence against you, but it also triggers an automatic suspension. Every case is different, and the best course of action depends on the circumstances.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced DUI 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.