Breath test refusal · Florida
Can you refuse a breath test in Florida?
With Sabrina Jadunandan, Orlando DUI defense attorneyDuration 0:38Reviewed 2026-08-12
English captions are available in the player.
Can I refuse a breath test in Florida, and what happens if I do?
Yes — you can physically refuse, but refusing is not consequence-free. Florida's implied consent law (§316.1932) treats driving as consent to lawful testing, so a refusal triggers an administrative driver licence suspension through the DHSMV, and the refusal itself can be used as evidence in the criminal case. Under §316.1939, a refusal after a prior refusal is charged as a separate criminal offense. Whether a refusal helps or hurts depends on the facts of the stop, which is why Sabrina's answer is to talk to a DUI attorney about your own situation rather than follow a rule of thumb.
What this video covers
- Whether a breath test can be refused at all
- The licence and evidentiary cost of refusing
- When a refusal becomes a separate criminal charge
Editorial note
Transcript is verbatim. The clip states a refusal is a second-degree misdemeanor; §316.1939 charges a refusal after a prior refusal as a first-degree misdemeanor. Written answer follows the statute; flagged for attorney review.
Full transcript
One of the more popular questions I get is should I refuse a breath test. Whether you decide to take a breath test or not is a decision you make but that doesn't necessarily mean that's without consequence. Recently Florida law has changed to allow a refusal of a breath test to be a second degree misdemeanor. So a refusal to blow could be another criminal offense but you should really talk to a criminal DUI attorney to talk about what can happen after a refusal. But can you refuse it? Yeah. Does it mean you have no consequences? It depends. Much love from the DUI gal.
Florida law and sources
- Florida Statute §316.1939 — Refusal to submit to testingFlorida Legislature
- Florida Statute §316.1932 — Tests for alcohol, chemical substances; implied consentFlorida Legislature
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The information on this website is for general information only and is not legal advice.