If you’re stopped for suspected drunk driving in Florida, one of the most important decisions you’ll make happens when the officer asks you to take a breathalyzer test. For years, refusing the test was already risky, as refusal led to a license suspension and other administrative penalties under Florida’s implied consent law.
But now, with Florida’s updated breathalyzer law, which went into effect October 1, 2025, refusal carries even greater consequences. Today, a first-time refusal can lead to criminal charges. That means what was once handled only by the Florida Department of Highway Safety and Motor Vehicles can now land you in criminal court.
If you’ve been accused of refusing a test, you need a Florida breathalyzer law attorney who understands these sweeping changes and knows how to protect your rights.
What the 2025 Florida Breathalyzer Law Says
The new version of Florida Statute § 316.1939 makes refusing to take a breath or urine test a criminal offense, not just an administrative violation.
Under the law, if an officer has probable cause to believe you were driving under the influence and arrests you lawfully, you must submit to a test. If you refuse after being informed of the consequences, including license suspension and possible criminal penalties, you can be charged with a misdemeanor.
This change represents Florida’s tougher stance on impaired driving enforcement.
The Difference Between First and Second Refusals
Florida now separates penalties for first and repeat refusals:
- First Refusal: A second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine.
- Second or Subsequent Refusal: A first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine.
In addition to criminal charges, administrative license suspensions still apply: one year for a first refusal and 18 months for subsequent ones.
Why the Law Changed
The 2025 amendments, which are part of “Trenton’s Law” (HB 687), were enacted after growing concern that too many drivers were avoiding DUI convictions by refusing the test.
Lawmakers wanted to close that loophole and strengthen DUI enforcement by ensuring that even a refusal leads to meaningful penalties. The result: refusing a breath or urine test is now both a criminal and administrative violation, giving prosecutors another tool to hold defendants accountable.
What Implied Consent Means
Florida’s implied consent law (F.S. § 316.1932) means that by driving on public roads, you automatically consent to chemical testing if you’re lawfully arrested for DUI.
If you refuse, you violate that implied agreement and trigger penalties such as:
- A one-year license suspension for a first refusal
- An 18-month suspension for a second or later refusal
Under the 2025 update, officers must now also inform you that refusal is a criminal offense, not just a license issue.
Real-World Consequences of Refusal
Refusing the test doesn’t necessarily help you avoid a DUI. In fact, under the new law, it can make your situation worse.
Consequences now include:
- Criminal Charges: Even first-time refusals can lead to jail, fines, and a criminal record.
- License Suspension: Administrative penalties still apply regardless of any court outcome.
- Evidence Against You: Prosecutors can use your refusal as proof you were trying to hide impairment.
- Long-Term Impacts: A misdemeanor conviction can affect your job, professional license, and insurance rates.
The bottom line: refusal is now a dual threat.
How a Florida Breathalyzer Law Attorney Can Defend You
Defending against a refusal charge is complex, but an experienced breathalyzer test refusal lawyer can analyze every part of your case for weaknesses.
Possible defenses include:
Lack of Probable Cause
If police lacked valid grounds to arrest you, any evidence from that stop, including the test request, may be invalid.
Failure to Inform
Officers must tell you both the administrative and criminal consequences of refusal. If they didn’t, your charge could be thrown out.
Medical or Physical Inability
If a medical condition made it impossible to perform the test, that’s not the same as willful refusal.
Unlawful Arrest Procedures
Errors in how the stop or arrest was conducted can undermine the state’s case.
A skilled criminal defense attorney can identify procedural flaws and build a strategy that minimizes or even eliminates the charges.
Why Choose BD Law
At BD Law, attorney Brandon Dinetz brings the insight of a former prosecutor to every DUI and breathalyzer refusal case. That background helps him anticipate how the prosecution will approach your case and how to fight back.
Here’s what sets BD Law apart:
- Prosecutorial Insight: Brandon Dinetz knows exactly how prosecutors build DUI cases and what weaknesses to exploit.
- Personalized Strategy: Every client receives a defense tailored to their specific situation.
- Strong Local Reputation: Known throughout South Florida for aggressive defense and clear communication.
- Comprehensive DUI Representation: From breath test refusal to felony cases, BD Law handles the full spectrum of charges.
What To Do If You’re Charged
If you’ve been charged with refusing a breathalyzer test in Florida, don’t panic. However, do act fast.
Here’s what to do right away:
- Stay Silent. Don’t talk to police or prosecutors without your lawyer.
- Contact BD Law. Call (561) 778-5213 to schedule a free consultation.
- Challenge Early. You have limited time to contest your license suspension and build your defense.
The sooner you get legal help, the better your chances of protecting your record and avoiding jail.
Frequently Asked Questions About Florida’s 2025 Breathalyzer Law
Can I go to jail for refusing a breath test in Florida?
Yes. As of October 1, 2025, refusing a test can result in a second-degree misdemeanor, punishable by up to 60 days in jail for a first refusal.
Was refusing ever a safe choice?
No. Even before the 2025 changes, refusal triggered license suspension under Florida’s implied consent law. The new law simply adds criminal penalties on top of those administrative consequences.
Is it better to take the test or refuse?
Refusing often makes your case worse. You may still face DUI charges and now a separate refusal offense. Always request to speak with an attorney before deciding.
Can a lawyer help reduce the charges?
Yes. A skilled attorney can challenge probable cause, prove the officer failed to advise you properly, or negotiate reduced penalties.
How can BD Law help me?
BD Law develops personalized defenses, challenges improper arrests, and negotiates with prosecutors to minimize penalties or have charges dismissed.
Facing Breathalyzer Test Refusal in Florida? Contact BD Law Today
The new Florida breathalyzer law has changed the stakes for every driver in the state, including Boca Raton, Delray Beach, Palm Beach and Jupiter. Refusing a test now means risking both a suspended license and a criminal conviction.
At BD Law, attorney Brandon Dinetz uses his experience as a former prosecutor to fight for clients across South Florida facing DUI and refusal charges. Call (561) 778-5213 or fill out our online contact form to schedule a free consultation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.