What Happens If You Refuse a DUI Breath or Blood Test in Florida?
Florida’s Implied Consent Law Explained
By driving on Florida roads, drivers are deemed to have consented to chemical testing if lawfully arrested for DUI.
Refusing a breath, blood, or urine test can result in serious penalties — even if no DUI conviction occurs.
License Suspension for DUI Test Refusal
First refusal: One-year driver’s license suspension
Second or subsequent refusal: 18-month suspension
These suspensions are administrative and occur separately from the DUI case.
Refusal as Evidence in Court
Prosecutors may introduce refusal evidence to argue:
Consciousness of guilt
Awareness of impairment
Many drivers mistakenly believe refusing testing prevents evidence — in reality, refusal often creates additional problems.
Right to an Attorney Before Testing?
Courts have held that chemical testing under Florida’s implied consent law does not require consultation with an attorney beforehand, even though this confuses many drivers.
Challenging Refusal Consequences
In some cases, refusals may be challenged if:
The stop or arrest was unlawful
Implied consent warnings were improper
Medical or factual issues existed
Legal review is essential to evaluate defenses.
Speak With Florida DUI Attorney Amy Pietrowski
A DUI charge is not just a traffic matter — it is a criminal offense with long-term consequences. Early decisions can significantly affect the outcome of your case and your future.
If you are facing a DUI charge in Florida, consulting with an experienced attorney can help you understand your rights, evaluate the evidence, and protect what matters most.
Ask Attorney Amy provides experienced Florida DUI defense with an understanding of how these charges impact careers, licenses, and lives.
Attorney Amy Pietrowski