When you’re pulled over for suspected DUI, refusing a chemical test may seem like protecting yourself, but under Florida law, a refusal to test can carry serious administrative and criminal consequences. Even without a confirmed BAC, you can face an automatic license suspension and enhanced penalties for refusing a lawful request from law enforcement.
At Roussos Law Group, we defend clients accused of DUI and test refusal throughout Florida. Our team understands both the prosecution’s approach and the procedural defenses available in implied consent cases.
Under Florida Statute §316.1932, all licensed drivers are deemed to have given “implied consent” to submit to lawful breath, blood, or urine testing when lawfully arrested for DUI. Refusing such a test after a valid request by law enforcement can trigger immediate administrative penalties and will trigger criminal penalties under “Trenton’s Law”—even if you are later found not guilty of DUI.
Key facts about test refusal:
A refusal affects both your driver’s license and your criminal case. Administrative penalties are imposed immediately by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), while criminal charges may be pursued separately.
Possible consequences include:
Even a first-time refusal appears on your record and can affect insurance rates, professional licensing, and background checks.
This summary is provided for educational purposes and may not reflect the latest statutory updates. Always consult an attorney for guidance specific to your situation.
At Roussos Law Group, we understand the technical procedures behind DUI investigations. Law enforcement must strictly comply with Florida’s implied consent requirements when requesting a chemical test. If those procedures are violated, your suspension or charge may be subject to dismissal.
Our team investigates:
By identifying procedural missteps or a lack of probable cause, we can challenge the legality of your license suspension and strengthen your defense in court.
If you’ve refused a chemical test in Florida, act quickly to preserve your driving rights:
The 10-day window after arrest is your only chance to challenge the automatic suspension. Missing it means losing your driving privileges, regardless of your case outcome.
It depends on the situation. A refusal avoids BAC evidence but triggers an automatic license suspension and more criminal charges. A lawyer can review your case to determine the best approach moving forward.
Yes. You can still be prosecuted based on officer observations, field sobriety tests, and other evidence of impairment.
Yes. The officer will issue a temporary permit valid for 10 days, after which suspension begins unless a hearing is requested.
Failure to properly administer the warning can invalidate the suspension. This is one of the most common defenses in refusal cases.
Yes. A prior refusal can increase penalties and lead to criminal charges if you refuse again.
Our experienced attorneys are ready to guide you through every step with confidence.
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It depends on the situation. A refusal avoids BAC evidence but triggers an automatic license suspension and more criminal charges. A lawyer can review your case to determine the best approach moving forward.
Yes. You can still be prosecuted based on officer observations, field sobriety tests, and other evidence of impairment.
Yes. The officer will issue a temporary permit valid for 10 days, after which suspension begins unless a hearing is requested.
Failure to properly administer the warning can invalidate the suspension. This is one of the most common defenses in refusal cases.
Yes. A prior refusal can increase penalties and lead to criminal charges if you refuse again.
