Breathalyzer Refusal Lawyer

What happens if you refuse a breath test in Florida?

Under Florida's implied consent law, anyone who drives in the state is deemed to have agreed to a lawful breath test after a DUI arrest. A first refusal leads to a one year administrative suspension of the license. A second refusal leads to an 18 month suspension and a separate first degree misdemeanor charge, which carries up to 1 year in jail and a $1,000 fine.

A refusal can also be used as evidence at trial in the DUI case. So a refusal affects both tracks: the license through DHSMV and the criminal case in court.

The conditions built into implied consent

The rule applies to a lawful breath test after a DUI arrest, and that wording matters. A review looks at whether the arrest itself was lawful, whether the request came after the arrest, and how the request and the consequences of refusing were explained to the driver.

Florida's implied consent license suspension applies to the breath test after arrest, not to roadside exercises. Whether a driver truly refused, as opposed to being unable to complete a test or misunderstanding the request, is a factual question that the records and video can help answer.

The 10 day window after a refusal arrest

There are 10 days from the arrest to request a formal review hearing on the administrative suspension. If no request is made, the suspension takes effect. That window is easy to miss in the days after an arrest, when release, work and family take priority.

A hardship or business purposes only license may be available during some suspensions, but eligibility depends on the type of suspension and the driver's record, and refusal suspensions have their own rules. DUI school enrollment is part of the process.

Defending a DUI case that includes a refusal

Without a breath result, the state usually relies on the officer's observations of impairment: driving behavior, speech, the roadside exercises and the video. Those observations can be tested against the footage and against NHTSA standards for how the exercises are given and scored.

The refusal evidence itself can also be examined, including whether the request was lawful and whether the paperwork matches the video. DUI Lawyers Shield Firm, led by David Cannady, a former Florida prosecutor admitted to The Florida Bar in 2014, reviews the license case and the criminal case together.

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General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about breathalyzer refusal

A first refusal is handled as a license matter: a one year administrative suspension. A second refusal goes further, bringing an 18 month suspension and a first degree misdemeanor charge. In either situation, the refusal can be used as evidence at trial in the DUI case, so it can matter to the criminal case even when it is not charged on its own.

Yes. In Florida a refusal can be used as evidence at trial in the DUI case. How much weight it carries depends on the rest of the evidence and on whether the request was lawful and properly documented. Reviewing the arrest, the timing of the request and the video is part of addressing refusal evidence.

That is a factual question. Medical conditions, the instructions given and the way each attempt was recorded can all matter. The Intoxilyzer 8000 records, the officer's report and any video are compared to understand what actually happened, and whether the paperwork accurately describes a refusal.

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