Florida’s current criminal and license consequences for refusing a lawful DUI test
Refusing a breath or urine test after a Florida DUI arrest can have separate consequences for a driver’s license and for a criminal case. Trenton’s Law changed the criminal refusal provision effective October 1, 2025. The timing, kind of test, warnings, and facts of the arrest matter.
What does Florida’s implied consent law say?
Under Florida Statutes § 316.1932, a person who accepts the privilege of driving in Florida is deemed to have consented to specified lawful tests under the conditions in the statute. The rules for breath, urine, and blood tests differ. An officer’s request and statutory warnings should be assessed in the context of the actual stop and arrest; the law is more specific than a blanket rule that every driver must take any test whenever an officer suspects DUI.
What happens to a license after a refusal?
For a qualifying first refusal, the statute provides a one-year license suspension; a second or subsequent qualifying refusal can mean 18 months. A driver can seek administrative review, but deadlines are short. Check the suspension notice promptly for the procedure and deadline rather than assuming a criminal case will resolve the license issue. A refusal is not the same as a DUI conviction, and the two proceedings can have different outcomes.
Is a first refusal now a crime?
Yes, in the circumstances specified by § 316.1939, a first refusal of a lawful breath or urine test after a DUI arrest is a second-degree misdemeanor. A second or subsequent refusal is a first-degree misdemeanor. The statute requires probable cause, a lawful arrest or applicable exception, particular warnings, and a refusal after the request. The criminal refusal provision should not be described as applying automatically to every blood-test refusal. This change came from CS/HB 687 (Trenton’s Law).
Can the refusal affect the DUI case?
Florida law permits evidence of a refusal to be considered in a DUI proceeding in circumstances set out by the statute, but its meaning and admissibility depend on the facts. A refusal does not itself prove impairment. Other evidence may include observations, video, field exercises, or properly obtained chemical tests.
What should a lawyer review?
Potential issues include the legal basis for the stop and arrest, which test was requested, whether the required warnings were given, whether a refusal occurred, prior refusal records, and the administrative deadline. No defense or result is guaranteed. If you have received a refusal or DUI notice, consult a Florida attorney promptly about both the license and criminal processes. See also our Trenton’s Law overview.
This article is general information, not advice for a particular case.
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