Refusing A Breathalyzer Test In Florida Has New Consequences

How did Florida change its DUI and breath test refusal laws in 2025?

Florida overhauled its DUI rules in October 2025. Before these changes, if a driver refused a breathalyzer or urine test, they mostly faced an administrative license suspension. No handcuffs, no courtroom. That has changed. Refusing a test is now classified as a criminal offense. A first refusal can now lead to a second degree misdemeanor charge.  The law also states that judges can no longer withhold adjudication of guilt. That means even if you have a clean record, the court is required to treat the refusal as a full criminal conviction. Read more about Trenton’s Law or HB687.

Why did Florida make breath test refusals a criminal offense?

The state wants to close what it saw as a loophole. Officers often viewed refusal as an obstacle to building DUI cases. Lawmakers believe drivers were refusing tests to avoid being caught and penalized. By making refusal a crime, Florida aims to push drivers into compliance. The new law also supports the idea that refusal could indicate guilt. Law enforcement can now use a refusal as evidence in court. It is part of a broader push to tighten DUI enforcement and discourage any attempt to sidestep testing.

What happens if I refuse a breathalyzer test in Florida now?

If you refuse to take a breath or urine test after being arrested for DUI suspicion in Florida today, you face two layers of penalties. First, the administrative side. Your driver’s license will be suspended for at least one year if it is your first refusal. A second or later refusal raises that to eighteen months. But the real sting comes from the criminal side. You could be charged with a second degree misdemeanor. That means fines, possible jail time, a criminal record. Courts cannot withhold adjudication anymore. So you cannot plead out quietly and move on. On top of that, the refusal itself can be used as evidence in your DUI case. Getting a hardship license might also become tougher. It is not just a slap on the wrist anymore.

How do Florida’s DUI refusal laws compare to other states?

Florida is now one of the tougher states on DUI test refusals. Plenty of states suspend your license if you refuse a breath test, but not all of them take it to the level of criminal prosecution for a first refusal. Florida now joins a smaller group of states that treat a refusal as both a criminal and administrative offense. Think of it this way. In some states, a first refusal may cost you your license. In Florida, it could cost you your license and get you a misdemeanor on your record. That is a big deal if you drive for work, have a professional license, or care about your future background checks.

How can The Ticket Clinic help with a Florida DUI or refusal case?

We have seen the system change before, and we know how to fight back. The Ticket Clinic brings over 35 years of experience in defending DUI and refusal cases across Florida. Need more convincing? We invite you to review 1000s of successful criminal case results here.

Our lawyers are in court every single week on behalf of our clients. We analyze every detail. Was the stop valid? Did the officer follow the rules when asking for the test? Were you properly informed of your rights and the consequences? Every piece matters. We handle both your criminal case and your administrative license issues.  Our team understands how prosecutors think and what strategies actually work in court. If there is a path to protect your license, your record, and your freedom, we will find it.

If you are dealing with a DUI arrest or you refused a breath or urine test in Florida, do not wait. The sooner you get legal help, the better your options. The Ticket Clinic has defended thousands of drivers and we know how to handle these new laws. Call us today and put over three decades of courtroom experience in your corner.