Florida · DUI · Checked October 2026
Refusing a Breath or Blood Test in Florida
Refusing a Breath or Blood Test in Florida: What Are the Rules?
What happens if you refuse a breath or blood test in Florida.
- Refusal penalty
- License suspended 1 year for a first refusal or 18 months if previously suspended for refusal; refusing a lawful breath or urine test is also a misdemeanor of the second degree for a first refusal and a misdemeanor of the first degree for a second or subsequent refusal
- License suspension for refusing
- 1 year for a first refusal; 18 months if previously suspended for refusal
- Deadline to challenge
- 10 days
Refusal Penalties in Florida
license suspended 1 year for a first refusal or 18 months if previously suspended for refusal; refusing a lawful breath or urine test is also a misdemeanor of the second degree for a first refusal and a misdemeanor of the first degree for a second or subsequent refusalFla. Stat. § 316.1932(1)(a); § 316.1939(1); § 322.2615(1)(b)1.a.
License Suspension for Refusing in Florida
1 year for a first refusal; 18 months if previously suspended for refusalFla. Stat. § 322.2615(1)(b); § 322.271(7)
More on DUI Law in Florida
See the full overview of DUI laws in Florida and read about implied consent laws in every state.
This page summarizes Florida law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Florida can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in Florida?
license suspended 1 year for a first refusal or 18 months if previously suspended for refusal; refusing a lawful breath or urine test is also a misdemeanor of the second degree for a first refusal and a misdemeanor of the first degree for a second or subsequent refusal
How Long Is the Suspension for Refusing?
1 year for a first refusal; 18 months if previously suspended for refusal