When officers suspect you of drunk driving, they may ask you to take a breath test. Refusing may seem like a way to avoid evidence against you, but Florida law imposes separate penalties for refusing a lawful test. These penalties can affect your driving privileges even if prosecutors have not filed DUI charges.
Your license may face immediate suspension
Florida’s implied consent law requires drivers to submit to certain lawful chemical tests under specific circumstances. Refusing a qualifying breath or urine test can lead to an administrative license suspension.
A first refusal generally results in a one-year suspension. Eligible drivers may receive a temporary driving permit that is generally valid for 10 days. You must act quickly if you want to challenge the suspension.
Suspension periods depend on prior refusals
Florida imposes stricter penalties for repeat refusals. A second or subsequent refusal generally results in an 18-month license suspension.
A qualifying refusal can also lead to criminal charges. Under Florida law, a first qualifying refusal after a DUI arrest can result in a second-degree misdemeanor charge. A second or subsequent qualifying refusal can result in a first-degree misdemeanor charge.
These penalties are separate from any DUI case. You may face an administrative license suspension and criminal proceedings at the same time.
You can challenge the suspension
Florida law generally gives drivers 10 days from the date the notice of suspension is issued to request a formal or informal review. The deadline starts when the notice of suspension is issued. Missing this deadline may limit your options for challenging the suspension.
The Florida Department of Highway Safety and Motor Vehicles handles these hearings. A hearing officer reviews the case. They check whether officers had probable cause to make the arrest. They also examine whether the driver refused a lawful test and received the required warnings.
The hearing officer may uphold, amend or invalidate the suspension based on the evidence. The outcome depends on the facts of your case.
Understand your legal options
Refusing a breath test can affect your driving privileges and expose you to criminal penalties. Acting promptly can help you understand your options and preserve your right to challenge the suspension.
