What is the penalty for refusing a breath test in Florida?
Trenton's Law — House Bill 687, effective October 1, 2025 — changed this. Before that date, a first refusal was an administrative matter only.
First refusal: second-degree misdemeanor, up to sixty days in jail and a $500 fine, plus a one-year administrative suspension of driving privileges.
Second or subsequent refusal: first-degree misdemeanor, up to twelve months and a $1,000 fine, plus an eighteen-month suspension. The enhancement also reaches people previously fined for refusing after a boating-under-the-influence arrest.
Two points that get missed. The criminal case and the administrative suspension are independent — the statute provides that the disposition of one doesn't affect the other, so winning the DMV hearing doesn't dispose of the refusal charge. And the ten-day deadline to request a formal review hearing on the suspension still applies, separately from anything happening in criminal court.
Call before the deadline, not after — the license clock runs on its own. ---
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