DUI & Your Driver's License

How long is the suspension if I refused the breath test?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Twelve months for a first refusal, eighteen months for a second or subsequent — and a second refusal isn't hardship eligible.

A first refusal carries a twelve-month administrative suspension. A second or subsequent refusal carries eighteen months.

The difference that matters more than the length: hardship eligibility. A first refusal is generally eligible for a business-purposes-only license. A second or subsequent refusal is not. That's eighteen months without any driving privilege at all, which for most people is the more serious consequence.

Since October 2025, the refusal also carries criminal exposure — a second-degree misdemeanor for a first, first-degree for a second or subsequent. The suspension and the criminal charge run independently, and resolving one doesn't resolve the other.

Note that the enhancement to eighteen months can attach based on a prior administrative suspension for refusal or a prior fine for refusing after a boating-under-the-influence arrest. A prior DUI conviction isn't required.

Check the prior on your record. Errors there change the whole picture. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.