Florida Refusal to Blow

December 2, 2025

Florida Refusal to Blow Is Now a Misdemeanor

Florida has changed its DUI laws, and drivers need to know: refusing to blow after a DUI arrest is now a misdemeanor charge, even on a first refusal. What used to be only a license suspension can now lead to arrest, jail time, probation, and a criminal record.

New Penalties for a First Refusal

Under the new law, a refusal may now carry:

  • Up to 1 year in jail
  • Up to $1,000 in fines
  • Probation
  • Mandatory DUI school or treatment
  • Hard license suspension
  • A criminal conviction that appears on background checks

These penalties come in addition to any underlying DUI charge.

Lawmakers changed the law to reduce Florida’s high refusal rate and strengthen DUI prosecutions. The new law aims to force more drivers to comply with breath testing.

If you have been charged with DUI refusal in the 19th Judicial Circuit, you still have options. A criminal defense attorney can challenge the stop, the implied consent warnings, or how the refusal was recorded.

Bottom Line

Refusing to blow in Florida is no longer “just a suspension.” It is now a misdemeanor with potential consequences.

Don’t face these new penalties alone. Contact our office for a free consultation.

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