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Home›Resources›What Happens When You Refuse a Breathalyzer in Florida

What Happens When You Refuse a Breathalyzer in Florida

Implied consent

By driving in Florida, a driver is deemed to have agreed to a lawful breath test after a DUI arrest. That rule is known as implied consent.

First refusal

A first refusal leads to a one year administrative license suspension, handled by DHSMV separately from the criminal case.

Second refusal

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.

Refusal at trial

A refusal can be used as evidence at trial. Without a breath result, the state's case usually rests more heavily on the stop, the officer's observations, the field sobriety exercises and any video, and each of those can be reviewed.

Roadside exercises are different

Florida's implied consent suspension applies to the breath test after arrest, not to the roadside field sobriety exercises.

The 10 day deadline still applies

A refusal suspension can be reviewed through a formal review hearing, but the request must be made within 10 days of the arrest. A free case review can check that deadline first.

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