Should You Take a Breathalyzer in Florida?

Archived Post

Update (2026): Florida Law Has Changed Florida’s DUI refusal laws changed significantly under “Trenton’s Law” (HB 687), effective October 1, 2025. A first-time refusal to submit to a breathalyzer, blood, or urine test is now a second-degree misdemeanor — a criminal charge, not just an administrative license suspension like before. Officers are now required to warn drivers that refusal carries criminal penalties, in addition to the license suspension. A second or subsequent refusal remains a first-degree misdemeanor under Florida Statute § 316.1939. It is not classified as a felony.

Being pulled over for suspected DUI can be stressful and confusing. When a police officer asks you to take a breathalyzer, you might immediately wonder: “Should I say yes, or refuse?” The decision is not simple. Both options have legal consequences, and they can affect your driving record, license, and insurance.

Florida’s Implied Consent Law

Florida drivers are subject to implied consent laws. This means that if you are lawfully arrested for DUI, you automatically agree to submit to a chemical test—whether breath, blood, or urine.

Refusing a test carries automatic penalties:

• First refusal: 1-year license suspension
• Second refusal: 18-month suspension plus possible misdemeanor charges

For more details, visit Florida DUI information.

Refusing vs. Taking the Test

Refusing a breathalyzer may seem like a way to avoid incriminating evidence, but it has its risks:

• Refusal can be used as evidence against you in court
• Automatic license suspension applies, even if you weren’t impaired
• Penalties are more severe if you have prior refusals

Taking the test can also be risky if your blood alcohol content is over the legal limit, but it may provide a clearer path for restoring your driving privileges.

How a DUI Affects Your Insurance

DUI convictions in Florida typically require drivers to carry FR-44 insurance, which:

• Requires higher liability limits than standard insurance
• Costs more than regular insurance
• Must be maintained for at least three years

Even refusing a test can impact insurance rates and compliance requirements. Learn more about FR-44 insurance requirements.

Why You Need an Expert

Working with an expert can save time, money, and stress. I specialize in helping drivers secure FR-44 insurance quickly and affordably, even after a DUI or refusal. I can help you:

• Understand your options for reinstating your license
• Find the right FR-44 policy without delays
• Save money while remaining compliant with Florida law

For more answers, check out my blog: Common Questions Complete Answers.

The Bottom Line

Whether you take the breathalyzer or refuse, there are consequences that affect your driving record, license, and insurance. Don’t face it alone. With the right FR-44 insurance, you can get back on the road legally and with peace of mind.

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