Can You Refuse a Breathalyzer in Florida?
August 14, 2025
Facing a DUI stop can be an intimidating and stressful experience. One question that often comes up in these situations is: Can you refuse a breathalyzer in Florida? Understanding the legal framework and your rights in this scenario is crucial to making informed decisions.
At Donet, McMillan & Trontz, P.A., our team of experienced DUI defense attorneys has seen firsthand how these cases unfold and the significant consequences that can result from a refusal. Here's everything you need to know about breathalyzer refusal in Florida.
What is a Breathalyzer Test?
A breathalyzer is a device that measures the amount of alcohol in your breath to estimate your blood alcohol content (BAC). Law enforcement officers use it as a tool to determine if a driver is under the influence of alcohol and whether to proceed with a DUI arrest.
Florida's Implied Consent Law
In Florida, when you apply for and accept a driver's license, you automatically agree to what's known as the Implied Consent Law (Florida Statutes § 316.1932). This law states that any person who accepts the privilege of driving in Florida also consents to submit to an approved chemical or physical test (such as a breath, urine, or blood test) if lawfully arrested for DUI.
Can You Refuse a Breathalyzer in Florida?
Yes, you can refuse to take a breathalyzer test in Florida. However, the state's Implied Consent Law imposes automatic penalties for that refusal. Importantly, this is true even if you have not been drinking or are not ultimately charged with DUI.
Consequences of Refusing a Breathalyzer
Administrative License Suspension
Refusing a breathalyzer triggers an automatic administrative suspension of your driver's license:
- First refusal: Your license will be suspended for one year.
- Second or subsequent refusal: Your license will be suspended for 18 months, and you may be charged with a misdemeanor for refusing.
This administrative suspension is separate from any criminal DUI case and takes effect immediately.
Use of Refusal as Evidence
Prosecutors are allowed to use your refusal in court as evidence that you knew you were impaired. In other words, the fact that you refused can be used against you during your trial.
Other Potential Consequences of Refusal
- Loss of Driving Privileges: The administrative suspension can affect your ability to commute, work, or care for your family.
- Difficulty Obtaining Hardship Licenses: While some drivers may qualify for a hardship or business-purpose-only license, the process can be complex.
- Impact on Professional Licenses: If you hold a professional license (e.g., commercial driver's license, healthcare license), a refusal can have serious career implications.
Should You Refuse the Breathalyzer?
There's no easy answer, as each situation is unique. Some drivers refuse because they fear a high BAC reading, while others comply to avoid automatic penalties. Ultimately, the decision is personal, but it's important to understand that:
Refusing does not guarantee you won't be arrested or prosecuted for DUI.
Refusing can lead to separate criminal charges if it's a second or subsequent refusal.
How Donet, McMillan & Trontz, P.A. Can Help
At Donet, McMillan & Trontz, P.A., we know how overwhelming it can be to face a DUI charge—especially if you refused a breathalyzer. Our team has decades of experience handling DUI cases and can help you:
- Challenge the legality of the stop: If the officer didn't have probable cause to pull you over, we can argue that the suspension should be set aside.
- Actual Physical Control (APC): If the officer cannot establish that you were in actual physical control of the vehicle, we can argue that the suspension should be set aside.
- Review the breathalyzer process: Breathalyzer tests must follow strict procedures. We'll investigate to ensure your rights weren't violated.
- Fight for your driving privileges: We can represent you at the administrative hearing to contest your license suspension and help you explore hardship license options.
- Build a strong defense: Whether your refusal was your first or a repeat offense, we'll develop a personalized defense strategy designed to protect your future.
At Donet, McMillan & Trontz, P.A., we pride ourselves on offering compassionate, thorough, and aggressive legal representation. We know how much is at stake—your freedom, your job, and your peace of mind.
Final Thoughts: Understanding Your Rights
While you can refuse a breathalyzer in Florida, it's important to understand the serious consequences of doing so. The Implied Consent Law means that refusal carries immediate administrative and potentially criminal penalties.
If you're facing DUI charges or dealing with the consequences of refusing a breathalyzer, don't navigate this alone. Reach out to Donet, McMillan & Trontz, P.A. at
(305) 444-0030 or visit our website to schedule a confidential consultation. Let our dedicated team fight for your rights and help you secure the best possible outcome.
