“Refusing a breath test doesn’t make the problem go away—it makes it more complicated.”
– Carolle El-Naffy
Understanding the Consequences of Refusing a Breath Test
If you get pulled over in Florida on suspicion of DUI, you’re probably going to be asked to take a breathalyzer test. Many people think refusing the test will help them avoid a DUI. Unfortunately, that’s not usually the case.
Refusing a breath test can actually lead to immediate consequences, even if you’re never convicted of DUI in court.
Let’s unpack what happens when you say “no” to that breath test—and what legal options you still have.
Florida’s Implied Consent Law
Florida is an “implied consent” state. That means if you hold a Florida driver’s license, you’ve already agreed to submit to a breath, urine, or blood test if you’re lawfully arrested for DUI.
If you refuse, that refusal is a violation of this agreement.
What does that mean?
- For your first refusal, your license will be suspended for 1 year
- If it’s your second refusal, the suspension goes up to 18 months—and it can be charged as a misdemeanor
You Can Still Be Arrested
Refusing a breath test does not prevent a DUI arrest. Officers can—and often will—use other evidence to justify arresting you:
- Bloodshot eyes
- Slurred speech
- The smell of alcohol
- Failing roadside sobriety tests
- Erratic driving behavior
So even without the breath test, you may still face DUI charges.
Will It Help My Case in Court?
Many people believe that without a BAC result, the prosecution has no case. That’s a dangerous assumption.
Prosecutors can build a case using:
- Officer testimony
- Dashcam footage
- Field sobriety test results
- Witness statements
In fact, refusing the test can be used against you in court, making it seem like you had something to hide.
Can I Challenge the License Suspension?
Yes. You have just 10 calendar days from the date of arrest to request a Formal Review Hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
At this hearing, your attorney can argue:
- That the officer didn’t have probable cause
- That you weren’t lawfully arrested
- That you didn’t actually refuse
If successful, your suspension can be invalidated.
What About a Hardship License?
If you depend on driving to get to work or school, you might qualify for a hardship license. To apply, you must:
- Enroll in DUI school
- Pay a reinstatement fee
- Provide documentation of need
Even then, your driving privileges will be strictly limited.
Should You Refuse or Not?
Every case is different. In some rare situations, refusing might be a smart legal move. But for most people, refusal only adds another problem to the situation.
The best course of action? Speak to a DUI attorney immediately after your arrest.
Talk to Carolle El-Naffy Today
If you refused a breath test—or are considering how to respond—don’t navigate this alone. Carolle El-Naffy is experienced in both criminal defense and DMV proceedings. She’ll walk you through your options and help fight for your license, your record, and your future.
Call (305) 456-7576 or Contact Us Here to schedule your confidential consultation.
Office (By Appointment Only):
75 Valencia Ave • Suite 800 • Coral Gables, FL 33134