You’ll likely be asked to submit to a breathalyzer test when pulled over on suspicion of driving under the influence (DUI). We’ve all heard the term breathalyzer, but what do you know about them? And do you have the right to refuse one if asked? The short answer is yes, you can refuse a breathalyzer test—but there are legal consequences. As a DUI lawyer in Bradenton, FL, I can help you navigate those consequences.

Understanding Florida’s laws and how refusal may impact your case is essential if you find yourself in this situation. Below, we’ll explore all those topics and more.

What Is Implied Consent?

In Florida, as in many other states, driving is considered a privilege, not a right. When you obtain a driver’s license, you automatically agree to abide by the state’s implied consent law. This means that by driving on Florida roads, you have already consented to a breath, blood, or urine test if law enforcement suspects you of DUI.

If an officer has probable cause to believe you’re driving under the influence, they will ask you to submit to a breathalyzer test. While you technically have the right to refuse, doing so comes with immediate and long-term consequences.

What Happens If You Refuse a Breathalyzer Test?

Refusing a breathalyzer test in Florida can result in automatic penalties, even if you are not ultimately convicted of DUI. Here’s what you need to know:

1. Automatic License Suspension

• First offense: One-year driver’s license suspension
• Second or subsequent refusal: 18-month suspension and possible misdemeanor charges

Even if you are later found not guilty of DUI, refusing the breathalyzer can still result in losing your driving privileges for an extended period.

2. Increased Penalties in a DUI Case

• Prosecutors often use breathalyzer refusal as evidence of guilt in court.
• Judges may impose harsher penalties if they believe you refused the test to hide intoxication.
• A refusal could eliminate your chances of plea bargaining to a lesser charge, such as reckless driving.

3. Possible Criminal Charges for Repeat Refusals

If you have previously refused a breathalyzer test and are pulled over again for suspected DUI, a second refusal can lead to a first-degree misdemeanor charge. This could mean up to one year in jail, probation, and fines of up to $1,000.

4. Impact on Your DUI Lawyer’s Defense

Refusing a breathalyzer test does not guarantee you won’t be convicted of DUI. In fact, the prosecution can use your refusal against you in court by arguing that you refused because you knew you were intoxicated. Additionally, police officers can still rely on other evidence, such as:

• Field sobriety test results (walking in a straight line, standing on one leg, etc.)
• Officer observations (slurred speech, bloodshot eyes, erratic driving)
• Witness testimony
• Bodycam or dashcam footage

These are all serious consequences that can completely change your life. It’s very important to have legal support to help you navigate your situation.

Hire an Experienced DUI Lawyer

While you can legally refuse a breathalyzer test in Florida, doing so comes with serious consequences, including automatic license suspension and the possibility of harsher DUI penalties. We always recommend our clients abide by the law. The decision should not be taken lightly, and if you find yourself in this situation, you should call our office as soon as possible.

At The Law Office of Colleen Glenn, we understand the complexities of DUI cases and are committed to protecting your rights. If you’ve been arrested for DUI or refused a breathalyzer test, the sooner you act, the better.  

Call the Law Office of Colleen Glenn, P.A., and get support from the best DUI lawyer in Bradenton, Florida. Contact us today for a free consultation.