Should I refuse a breathalyzer test in Florida?

Although every individual situation is unique, it’s generally not recommended to refuse a breath test in Florida because such a refusal can constitute a criminal offense under current state law. You can still be charged with a DUI violation even without a breath test or urine test result that establishes a certain blood alcohol concentration or breath alcohol concentration (BAC). If you do refuse to submit to a breath test, you can face both misdemeanor charges for the refusal itself (even for a first offense, under the 2025 updates to Florida law) and DUI charges. If you haven’t already refused to submit to a breath test, complying with this request is typically advisable. However, instead of saying anything else to officers, you should exercise your right to remain silent and inform the police that you need to speak with an attorney before answering any questions or making any statements. Then, contact BD Law as soon as possible for help protecting your rights. In the event that you have already refused to submit to a breath test, avoid further mistakes by exercising your right to remain silent and consulting an attorney.

Can I go to jail for refusing a breathalyzer test?

Yes, in Florida, even first-time offenders can be charged with misdemeanor crimes for breath test refusal. If convicted of a second-degree misdemeanor, you could spend up to 60 days in jail for breathalyzer test refusal, and that sentence is separate from any penalty you could face for a DUI conviction. With a prior record of refusal-related fines or suspensions, you can face first-degree misdemeanor charges and potentially up to a year in prison.

How have Florida breath test refusal laws changed due to the amendments that went into effect in October 2025?

The primary change implemented in Florida’s breathalyzer laws in October 2025 was making a first breath test refusal a crime. Before this legal change, first-time offenders were subjected to administrative license suspension, but criminal penalties were only imposed if a defendant already had a prior refusal-related suspension or fine on their record. This new update allows even first-time offenders to be charged with a second-degree misdemeanor.

Is breath test refusal a civil infraction or a criminal offense?

Breath test refusal in Florida is both a violation of the state’s implied consent law, punishable by administrative penalties, and a misdemeanor criminal offense. As a result, you can face consequences that include license suspension, fines, and jail time for refusing to submit to a breath test during a lawful arrest in which officers had probable cause and followed proper procedures.

Florida Breathalyzer Law | Breathalyzer Test Refusal Lawyer FL

An Experienced DUI and Breathalyzer Test Refusal Lawyer in FL Explains How 2025 Changes to Florida Law Can Affect Your Case

Since changes to Florida’s breathalyzer law went into effect on October 1, 2025, refusing to submit to a breath test has become an even more risky mistake. Under Florida’s implied consent law, drivers in the state were already subject to administrative penalties for refusing a breath test (often called a breathalyzer) or a urine test and could also face criminal penalties if they had a prior history of suspension. But now, they face the possibility of criminal charges and harsh penalties even for a first offense. You need a Florida breathalyzer law attorney on your side, picking apart the case against you and presenting the strongest possible defense.

Throughout South Florida, clients turn to BD Law, led by former prosecutor and experienced DUI defense attorney Brandon Dinetz, for help facing the legal system. Our firm fights back against charges that could lead to jail time and a criminal record for just refusing to take a breath test, even as a first offense. Contact us today for a free, confidential consultation, and get help understanding and protecting your legal rights.

How Updated Laws Make Having a Florida Breathalyzer Law Attorney More Important Than Ever

Drivers have long been required to submit to a breathalyzer test when a law enforcement officer with probable cause has lawfully arrested them under Florida’s implied consent law. However, for first-time offenders, the biggest direct consequence of a refusal used to be the one-year administrative license suspension imposed on them. That all changed in October 2025, when updates to the state’s breathalyzer laws established the ability to charge first-time offenders with a crime.

You can’t rely on prosecutors, judges, or juries for leniency. The enactment of this new law demonstrates Florida’s commitment to cracking down on breath test refusals, even for first-time offenders. Your best hope of avoiding or minimizing penalties like jail time and fines is with the strategic advocacy of a breathalyzer test refusal lawyer in FL.

Understanding Florida’s Breathalyzer Laws and 2025 Amendments

There are two primary statutes of Florida law that you need to be aware of if you’re charged with refusing a breath test. Under “Trenton’s Law” (Chapter No. 2025-121, enacted as House Bill 687 (CS/HB 687), both statutes were amended effective October 1, 2025.

F.S. § 316.1939: Criminal Charges for Breath Test Refusal

F.S. § 316.1939 is the state’s law that establishes when breath test refusal can constitute a crime and the grade of the offense that a defendant can be charged with committing. This is the law that was primarily changed when Trenton’s Law came into effect in 2025.

Before the legislative updates that came into effect in October 2025, failing to submit to a chemical or physical breath or urine test was only a criminal offense if you had a prior refusal-related license suspension or refusal-related fine. Importantly, law enforcement would have to inform you of both administrative penalties and the potential for criminal charges. Only refusal after being informed of these consequences constituted a first-degree misdemeanor offense.

Under the 2025 updates to F.S. § 316.1939 that came into effect on October 1, 2025, first-time breathalyzer test or urine test refusal offenders are no longer protected from criminal consequences just because they have no history of prior refusal suspension or fine.

Refusing to submit to a breath or urine test after a lawful DUI arrest upon probable cause is now a crime (with limited exceptions), regardless of whether you have prior offenses.

If you have never had your license suspended or been fined for breathalyzer refusal before, you can now be charged with a misdemeanor of the second degree, punishable by jail time and fines (as provided in s. 775.082 or s. 775.083) under updated Florida law.
With a prior license suspension or fine for breath test refusal, refusing a breathalyzer test is a misdemeanor of the first degree.

While the previous language of this statute gave some leniency for first-time offenders, the new language paves the way for significant penalties even for a first offense.

F.S. § 316.1932: Florida’s Implied Consent Law

Why is it illegal for drivers to refuse a breathalyzer test in Florida? F.S. § 316.1932 establishes the state’s implied consent law.

Under Florida’s implied consent law, anyone who operates a vehicle on roadways in the state is deemed to have given consent to submit to breath or urine tests for alcohol or drugs if they are lawfully arrested for DUI. Refusing to submit to a test subjects you to administrative license suspensions:

For a first refusal, suspension of driving privileges for one year
For a subsequent refusal or a refusal following a prior suspension, the suspension of driving privileges for 18 months

This law, like F.S. § 316.1939, requires a person who is lawfully arrested to be informed of both administrative penalties and criminal penalties before they refuse to submit to a breath test. With the October 2025 updates to Florida breathalyzer law, F.S. § 316.1932 has also been changed to reflect the reality that refusing the test will now lead to criminal charges even for a first offense. The statute now requires officers to advise that refusal is a second-degree misdemeanor, or a first-degree misdemeanor with a qualifying prior, in addition to the existing 1-year or 18-month license suspension warnings.

Penalties for Breath Test Refusal Under Florida’s 2025 Amendments

How serious are the consequences of breath test refusal under this legal update?

For a second-degree misdemeanor breathalyzer test refusal charge, which you could face with no prior offense, you can be sentenced to:

Up to 60 days of imprisonment, under F.S. § 775.082
Up to $500 in fines, under F.S. § 775.083

Between this potential prison term, fines, and the loss of your license, the impact of even a first offense of breath test refusal is significant. A conviction also results in a criminal record that can have long-term consequences on your opportunities.

If you already have a prior license suspension on your record, you can be charged with a misdemeanor of the first degree for breathalyzer refusal. This offense carries harsher sentences, including:

Up to one year of imprisonment, under F.S. § 775.082
Up to $1,000 in fines, under F.S. § 775.083

To fight back against the criminal charges for breath test refusal that were made even more serious by the October 2025 changes to Florida’s breathalyzer laws, you need a Florida breathalyzer law attorney.

How a Breathalyzer Test Refusal Lawyer in FL Defends Against Criminal Charges Effectively

Defending against breath test refusal charges in Florida isn’t easy, but with committed legal support, it may be possible to achieve a favorable outcome and at least minimize the consequences you’re facing.

Some of the most effective defenses against breathalyzer test refusal charges in Florida include:

Unlawful arrest: Even if you violated the law by refusing to submit to a breath or urine test, the officer must have still had probable cause, and the arrest must have been lawful. By demonstrating that no probable cause existed or that the arrest was unlawful in any way, I can fight breath test refusal charges.
Failure to inform: One aspect of Florida breathalyzer law that hasn’t changed is the requirement that officers inform a person of the administrative and criminal consequences of refusal. If I can establish that the officer failed to advise you of these consequences to the full extent required by law, I can contest the charge against you.
Incapacity: If a medical condition renders you incapacitated, it may prevent you from complying with an officer’s request that you submit to a breathalyzer test. Using medical records and other evidence, I may be able to establish that you didn’t voluntarily refuse to submit to a test but rather that physical incapacity prevented you from doing so.

With smart strategies and committed advocacy, it’s possible to put forward a strong defense against charges that can have a significant impact on your life.

How BD Law Can Help You Beat Breathalyzer Refusal Charges

My goal is always to secure the most favorable outcome for my clients. What’s feasible depends on the specifics of your case, but potential outcomes of an effective defense strategy could include:

Getting the case dropped or dismissed entirely
Getting the breath test refusal charges reduced to less severe charges, such as disorderly conduct or traffic infractions like reckless driving
Motioning for the suppression of any improperly obtained evidence
Gaining entrance into a pretrial diversion program that allows you to avoid a conviction
Negotiating a plea deal that provides favorable terms
Presenting an effective case at trial to secure a not-guilty verdict
Advocating for lighter penalties during sentencing proceedings, if convicted

The best defense for your unique situation depends on the circumstances of your arrest. I develop personalized strategies for each client by considering their specific situations, including their medical history and any officer misconduct or rights violations that may have occurred. As an experienced Florida breathalyzer law attorney, I understand the importance of thoroughly reviewing arrest records, eyewitness accounts of your interaction with law enforcement, and all other available evidence in developing a strategy that fits your situation.

Why Choose BD Law as Your Florida Breathalyzer Law Attorney?

With BD Law guiding your defense against breath test refusal charges, you’ll have legal counsel that handles a full range of DUI-related charges with a reputation for fighting tirelessly for clients and the valuable experience of a former prosecutor.

Comprehensive DUI Defense Representation

As a full-service Florida breathalyzer law attorney, BD Law has a history of success representing clients in matters that involve first offense DUI, second offense DUI, third offense DUI, underage DUI, and more. I help my clients defend against both misdemeanor offenses and felony DUI charges, with extensive knowledge of the DUI case process and DUI penalties. This knowledge is critical because refusing a breath test doesn’t necessarily prevent you from also facing charges of driving under the influence. In fact, under Florida law, your refusal can be presented to the court as evidence against you in a criminal DUI case.

Strong Reputation in South Florida’s Legal Community

When you need a strong defense, it helps to have an attorney with a strong reputation. BD Law is known throughout the local legal community, with attorney Brandon Dinetz having earned a reputation for dedicated advocacy and legal excellence among opposing counsel, judges, law enforcement, and others in the industry. Putting your defense strategy in the hands of a lawyer known for having an effective courtroom presence and an unwavering work ethic ensures reputable representation and a solid foundation for your case.

Insider Experience as a Former Prosecutor

My experience serving as a former Assistant State Attorney at the Palm Beach County State Attorney’s Office informs my perspective on defending against breath test refusal, DUI, and other criminal charges. I know how prosecutors approach building cases against defendants in situations like yours, as well as what challenges from the defendant can prove effective in getting charges dropped or reduced or negotiating favorable plea deals. I also have the courtroom experience to know what it takes to present powerful, well-received defense arguments that counter the prosecution’s claims as effectively as possible.

Contact a Florida Breathalyzer Law Attorney at BD Law Today for a Free Consultation

Breathalyzer refusal is an example of a very common mistake people make during stressful interactions with the law and legal system. You likely thought that refusing a test would help you avoid a DUI charge, only to find out later that you’re now facing administrative license suspensions, criminal refusal charges, and a potential DUI charge, as well.

Don’t risk further missteps that could undermine your defense. Take advantage of a free consultation for help understanding your rights, your options, and what’s at stake. For help from a breathalyzer test refusal lawyer in FL, contact BD Law online or call (561) 778-5213 today.

Breathalyzer Law in Florida