Implied consent
By driving in Florida, you are deemed to have agreed to a lawful breath test for alcohol, or a urine test for drugs, if you are lawfully arrested for DUI. Before you refuse, the officer is supposed to tell you what a refusal means. In Broward County, breath tests are usually given by the Broward Sheriff’s Office on the Intoxilyzer 8000, sometimes in its mobile breath testing truck.
What a refusal means for your license
- First refusal: your license is suspended for 1 year.
- After a prior refusal suspension: 18 months.
- Hard time: if the suspension is upheld, or you are not eligible for the first-time waiver, you cannot drive at all for 90 days before you can apply for a business-purposes license.
You have 10 days from the notice of suspension to request a formal review or choose the waiver if you qualify. See the 10-day rule. The outcome of the criminal case does not undo a refusal suspension, so the hearing matters.
Refusal as a crime
Since October 1, 2025, refusing a lawful breath or urine test after a DUI arrest is a crime even on the first refusal:
- First refusal: a second-degree misdemeanor, up to 60 days in jail and a $500 fine
- Second or later refusal: a first-degree misdemeanor, up to 1 year in jail and a $1,000 fine
Before that date, only a refusal by someone whose license had already been suspended for a refusal was a crime. Which rule applies depends on the date of your arrest.
The refusal can be used against you
A refusal is admissible as evidence in the DUI case. Prosecutors argue that a person who refuses was afraid of the result. But a refusal is not a breath result, and the State still has to prove impairment with other evidence, such as driving, video and the officer’s observations.
How refusal cases are defended
- Was the arrest lawful? The implied consent law applies after a lawful DUI arrest. If there was no lawful stop or probable cause, the refusal can be challenged.
- Was the warning given properly? The officer must explain the consequences of refusing.
- Was it really a refusal? Confusion, a medical condition, a language barrier or an attempt that the machine did not register is not the same as a refusal.
- Is the video consistent with the report? In South Florida most of the investigation is recorded.
Should you refuse?
There is no answer that fits everyone, and the choice is made at the roadside without a lawyer. What matters now is the decision you make in the next 10 days and how the case is defended. Call Adam at (954) 294-9372.
Frequently asked questions
Can I refuse field sobriety exercises?
Field sobriety exercises are different from the breath test. The implied consent law and its penalties cover the breath, urine and blood tests after an arrest, not the roadside exercises. Whether to take the exercises, and what a refusal of them means in your case, is something to discuss with Adam.
Can I get a hardship license after a refusal?
If this is your first suspension of this kind and you have no prior DUI conviction, you may be able to waive the review and get a business-purposes license right away. Otherwise, a 90-day hard time applies before you can apply.
Does refusing mean I will be convicted of DUI?
No. The State still has to prove that your normal faculties were impaired. Many refusal cases are reduced or won. Every case is different.