Florida’s New DUI Refusal Law

When you drive in Florida or in any other state, you automatically agree to being tested for alcohol in your system if asked. This is referred to as implied consent. It is implied by your driving a vehicle that you consent to alcohol testing at any time. Florida has now taken implied consent one step further. Florida’s new DUI refusal law in 2026 makes it a criminal offense to refuse a breathalyzer test after being pulled over by law enforcement.

Previous DUI Laws in Florida

Prior to October 1, 2025, before HB 687 or Trenton’s Law took effect, refusal to take a breathalyzer would result in an automatic suspension of your driver’s license and driving privileges for one year.

This type of penalty is referred to as an administrative penalty. It impacts your driving records but not your criminal record. Under Florida’s new DUI refusal law in 2026, failure to submit to a breathalyzer test is now also a criminal offense.

As a result of a consistent 35% refusal rate over a five-year span, significantly lower than the national average, Florida lawmakers felt they needed to do something. The outcome was the criminalization of refusal.

Florida DUI Penalties Under the New Florida DUI Laws

The new Florida DUI laws are aimed at further discouraging individuals from getting behind the wheel after they’ve been drinking. For those who still do, the consequences are more severe than ever. Even a first-time refusal charge is a second-degree misdemeanor. Offenders can be sentenced to up to 60 days in jail, a $500 fine, and the one-year license suspension still applies.

A second-offense refusal of a breathalyzer test in Florida is a first-degree misdemeanor. This conviction can result in a sentence of up to one year in jail, up to $1,000 in fines, and an 18-month suspension of driving privileges.

In some circumstances, these consequences are worse than those attached to a first, a second, and even a third DUI conviction. If you have been charged with DUI refusal for not submitting to a breathalyzer test, you are facing serious legal consequences.

You need to hire a DUI lawyer as soon as possible so you aren’t made an example of as one of the first to receive this conviction. This sometimes occurs to scare others from committing the new crime.

What the New Florida DUI Laws State

Florida Statute 316.1932 covers breathalyzer tests, urine tests, and blood tests, and specifically explains the consequences of refusing any of these if you are arrested for DUI. It also explains that individuals charged with a refusal must be made aware of the consequences of that refusal. They must also be informed that their refusal is evidence and can be used in criminal proceedings.

If you were not informed of the consequences of refusal at the time of your arrest, tell your attorney, as it could be used in your defense.

What Court Handles Florida DUI Refusals?

DUI refusal charges are misdemeanors, so these DUI cases are heard in Florida County Courts. For example, in Tampa, the 13th Judicial Circuit of Hillsborough County Court oversees DUI refusal cases. This court’s main location is at the Criminal Courthouse Annex on North Jefferson Street.

Why Choose Us?

Florida’s new DUI refusal law in 2026 requires new defense strategies, and Paul Figueroa Law has already studied it to identify defense opportunities. There is little precedent in these cases for judges, prosecutors, and even criminal defense attorneys to go by.

We are creating the precedent as the first DUI refusal cases unfold. Our experience, skill, and knowledge make us a top DUI lawyer for these DUI cases to keep you from being made an example of.

FAQs

What Is the New DUI Refusal Law in Florida?

The new DUI refusal law in Florida makes it a criminal offense to refuse a blood, urine, or breath test following a DUI arrest. The new law became effective on October 1, 2025. A first-time refusal is now a second-degree misdemeanor, and subsequent refusals are first-degree misdemeanors. Any refusal, though, carries significant consequences, including license suspension, serious jail time, and fines.

Can You Beat a Breathalyzer Refusal?

You can beat a breathalyzer refusal under certain circumstances. Factors that could get a breathalyzer refusal charge dismissed or lowered include a violation of your constitutional rights at the time of arrest or a procedural error by law enforcement. The new Florida DUI law says that the defendant must be told the consequences of refusing the test. If law enforcement fails to do this or to meet other criteria under the law, it can result in the dismissal of charges.

Is a Refusal Worse than a DUI?

A refusal carries significant penalties, which in some DUI cases are worse than a DUI. However, a refusal often implies impairment to the judge and ends up being an additional charge to the DUI. So, ultimately, a refusal can make your DUI worse by adding charges and penalties to your conviction. It definitely can complicate your DUI case and warrants the need to hire a DUI lawyer immediately.

Do You Have to Answer if a Cop Asks if You’ve Been Drinking?

No, you are not required by law to answer a cop if they ask you if you’ve been drinking. However, if you are arrested, refusing to take an alcohol test, whether blood, urine, or breath, is an automatic additional criminal charge. In Florida, a refusal to test is now criminal and can be taken as an admission that you have been drinking, since you’re refusing to take a test to prove you have not been drinking.

Hire a DUI Lawyer Who Understands the New Florida DUI Refusal Law

If you were arrested for DUI and refused to take a chemical test to identify if you were under the influence while driving in Florida, you may face serious, life-altering consequences. Connect with an experienced and reputable Florida DUI lawyer as soon as possible to increase the chances of optimizing your DUI case outcome.

Paul Figueroa Law has helped countless DUI defendants. Contact our office so we can help you as well.