On October 1, 2025, Florida HB 687 took effect and amended Section 316.1932 of the Florida Statutes. The change is significant. A first-time refusal of a breath or urine test following a lawful DUI arrest is now a second-degree misdemeanor. Before this date, refusal carried only civil and administrative consequences. After this date, it creates a separate criminal charge that runs alongside the DUI. If you were arrested after October 1, 2025 and refused, you are facing two criminal matters, not one.
What Section 316.1932 Said Before and What It Says Now
Florida Section 316.1932 has always governed implied consent. The statute provides that any person operating a motor vehicle in Florida is deemed to have consented to lawful testing of breath, blood, or urine when arrested for DUI. What changed in 2025 is the consequence of saying no.
Before HB 687, a first refusal under Section 316.1932(1)(a)1.b triggered a one-year administrative license suspension. It was not a crime. HB 687 amended that subsection to make a first refusal a second-degree misdemeanor, punishable under Section 775.082 by up to 60 days in jail and a $500 fine. A second or subsequent refusal under Section 316.1932(1)(a)1.c is a first-degree misdemeanor, carrying up to one year in jail.
No Withheld Adjudication
Florida courts regularly use withheld adjudication to resolve misdemeanor cases without a formal conviction. That is not available for a refusal charge under Trenton's Law. The statute expressly prohibits it. A refusal conviction is a permanent conviction. There is no way around that unless the charge is dismissed or you prevail at trial.
That single provision changes how seriously the refusal charge needs to be treated from day one.
License Suspension Under the Amended Statute
A first refusal still triggers a license suspension, now at 12 months. The first 90 days of that suspension are a hard suspension under Section 322.271. During the hard suspension, no hardship license is available. After 90 days, a hardship license may be applied for to cover the remaining suspension period.
To protect your right to contest the suspension, a formal review hearing must be requested within 10 days of the arrest date. That window does not reset and does not extend. Missing it waives your right to challenge the suspension administratively.
How the Refusal Affects the DUI Case
Under Section 316.1932, a refusal is admissible in a DUI prosecution as evidence of consciousness of guilt. That was true before HB 687 and remains true now. What is also true is that without a breath result, the state builds its case differently. Officer observations, field sobriety exercise performance, bodycam video, and any statements you made become the primary evidence.
Refusal cases are prosecuted in Florida regularly. The absence of a BAC number does not mean the case goes away. It means the evidence looks different and the defense strategy needs to account for that.
Two Charges, One Arrest
What makes post-October 2025 refusal arrests different is that the DUI and the refusal are now two separate criminal charges arising from the same arrest. Decisions made on the refusal charge affect the DUI case. The DUI case affects how the refusal should be handled. They cannot be looked at in isolation.
If you were arrested after October 1, 2025, and a refusal was part of it, the first thing you need is a clear picture of what both charges mean for your specific situation, before any court dates, before any agreements, and before any decisions are made.
Arrested after October 1, 2025 with a refusal involved?
Both the refusal charge and the DUI need to be reviewed together. Call before your first court date.