If you are pulled over for suspected drunk driving in Tampa and asked to take a breath test, how you respond can have immediate and long-term consequences. Refusing a breath test might seem like a way to avoid incriminating yourself. Still, in Florida, that decision carries its penalties, whether or not you are ultimately convicted of DUI.
At Trombley & Hanes, our Hillsborough County criminal defense attorneys help individuals understand their rights and develop strong defense strategies following DUI arrests, including those involving breath test refusals.
Florida’s Implied Consent Law Explained
Under Florida law, every person who drives on state roads automatically consents to submit to a chemical test if lawfully arrested for DUI. This is known as the “implied consent” law. In the short term, refusing a breath test is not a criminal offense but a civil violation that can result in severe administrative penalties. However, starting October 1, 2025, Florida Law will change making a first refusal a second degree misdemeanor crime.
In addition, a first refusal will result in a one-year driver’s license suspension. A second or subsequent refusal can lead to an 18-month suspension and may also be charged as a crime.. In addition to these penalties, the refusal may be used as evidence against you in court, which could complicate your DUI defense.
How Refusing a Breath Test Affects Your License
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) handles the administrative suspension of your license, separate from any criminal DUI case. After a refusal, you have only 10 days to request a formal review hearing. If you do not act within that window, the suspension takes effect automatically.
At the formal review hearing, our attorneys can challenge the stop’s validity, the arrest’s legality, and whether you were adequately informed of the consequences of refusing the test. This hearing is one of the few opportunities to fight the suspension early in the process, and preparing a strong case is essential.
Even if the administrative suspension stands, you may be eligible for a hardship license that allows limited driving for work or essential needs. Our attorneys can help you apply and satisfy the requirements, such as enrolling in DUI school.
How Refusal Affects Your Florida DUI Case in Court
In the criminal portion of your DUI case, prosecutors can argue that your refusal to take the breath test suggests a consciousness of guilt. Jurors may be told that you refused testing after being lawfully asked, and this information can influence how they interpret the evidence.
However, our skilled defense attorneys can counter this argument. There may be valid reasons for a refusal, such as confusion, health issues, or an improperly conducted arrest. If the traffic stop or arrest was unlawful, our attorneys may also seek to suppress the refusal and other evidence obtained during the encounter.
Get Legal Help Immediately After a Breath Test Refusal
If you refused a breath test in Tampa, you face administrative and criminal consequences. At Trombley & Hanes, we use our extensive experience to protect your rights, challenge unlawful procedures, and reduce the impacts of DUI charges. Contact our Tampa office at 813-229-7918 or online for a confidential consultation and begin building your defense.
