Effective October 1, 2025, Florida law expanded the criminal consequences of refusing testing. A qualifying first refusal of a lawful breath or urine test may now be charged as a second-degree misdemeanor. A qualifying second or subsequent refusal may be charged as a first-degree misdemeanor. The refusal charge is separate from the underlying DUI, and the State must prove the statutory arrest, warning, testing-request, and refusal requirements.

Florida DUI breath test refusal now a criminal offense under HB 687 Section 316.1932
HB 687 amended Florida Statute Section 316.1932, effective October 1, 2025. Refusal arrests after that date carry a standalone criminal charge.

When Can a Refusal Be Charged as a Crime?

For conduct governed by the amended section 316.1939, a qualifying first refusal of a lawful breath or urine test can be a second-degree misdemeanor, and a qualifying second or subsequent refusal can be a first-degree misdemeanor. The State must prove the statute’s probable-cause, lawful-arrest, warning, request, and refusal elements. Not every unsuccessful or incomplete test is automatically a criminal refusal.

What Should You Do After the Arrest?

  • Locate the DUI citation and notice of suspension and record the date issued.
  • Preserve booking paperwork, implied-consent forms, body-camera video, and names of witnesses.
  • Write down the warnings given, questions asked, attempts made, and any medical or language issue.
  • Obtain advice promptly because the administrative license process and criminal case move separately.

What Evidence Matters?

  • The exact implied-consent warning and whether it matched the alleged history
  • Whether the arrest and requested test satisfied the statutory prerequisites
  • Video showing the request, response, confusion, attempted compliance, or physical inability
  • DHSMV records concerning any prior refusal suspension

How Is the License Case Different?

The administrative suspension can proceed independently of the criminal refusal and DUI charges. Section 316.1939 expressly separates the disposition of one proceeding from the other. A driver generally has a short period after notice to seek administrative review or, if eligible, another statutory license option.

What Should You Avoid?

  • Assuming dismissal of the DUI automatically resolves the refusal charge or suspension
  • Missing the administrative deadline while focusing only on court
  • Posting an explanation or contacting officers to clarify what happened
  • Assuming a prior out-of-state or boating refusal is irrelevant without review

How Can a Lawyer Help?

Counsel can coordinate the criminal and administrative tracks, obtain video and testing records, challenge whether every statutory element and warning was satisfied, investigate medical or communication evidence, and evaluate the effect of any claimed prior refusal.

Criminal Refusal FAQ

Is a first refusal now always a crime?

No. The amended statute criminalizes a first refusal only when the State proves the listed requirements for the lawful breath or urine test and refusal.

Does this apply to a blood-test refusal?

Section 316.1939’s current criminal-refusal language should be read carefully by test type; the provision quoted for first refusal addresses breath or urine. Blood testing involves separate statutory rules and facts.

Can I face both DUI and refusal charges?

Yes. They are separate allegations, and the administrative license suspension is a separate proceeding as well.

This article provides general information and is not legal advice for a particular arrest.

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.

561-919-2645