Breath testing after arrest · Florida
Should you take a breath test after a Florida DUI arrest?
With Sabrina Jadunandan, Orlando DUI defense attorneyDuration 0:59Reviewed 2026-08-07
English captions are available in the player.
Should I give a breath test if I am arrested for DUI in Florida?
Maybe — it depends on the situation, and Sabrina says so plainly. The post-arrest breath test runs on a separate administrative track from the criminal case, and the result becomes further evidence of impairment. Someone confident they are under the limit may see value in blowing; someone likely over it may not. Florida's implied consent law attaches consequences to refusal, so the decision has costs either way. This is education, not advice on your case.
What this video covers
- Why the breath test is requested after arrest
- Administrative suspension versus the criminal case
- What refusal carries under implied consent
Full transcript
Well good afternoon everyone. It's Sabrina the DUI Gyal and today I want to talk about breath. I get this question all the time where someone's like, if I get arrested for DUI, do I give a breath test? And the answer is, maybe. What people don't know is that when a police officer is asking you for breath, it's really for the DMV for an administrative suspension. It operates separate from your criminal case. So if the police officer is asking you for a breath sample after you've been arrested, so like in hand-cuffs, after arrested. That breath test is just further evidence against you to determine if you are like drunk drunk. So if you think you might be under the legal limit, it might make sense to blow. But if you might be over the legal limit, I don't know. You might want to say no. Anyways, breath tests are voluntary. You're allowed to say no. It may have some more consequences for you in the future, but it might help your criminal case. So if you have questions, drop them below. I appreciate y'all. I'll see y'all later.
Florida law and sources
- Florida Statute §316.1932 — Tests for alcohol, chemical substances; implied consentFlorida Legislature
- Florida Statute §316.1939 — Refusal to submit to testingFlorida Legislature
- Florida Statute §316.193 — Driving under the influenceFlorida Legislature
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The information on this website is for general information only and is not legal advice.