Fla. Stat. § 316.1932

Refusing the Test:
Florida’s Implied Consent Law

Many people think refusing the test is the safe move. Florida’s implied consent law is built to make that costly — and a second refusal is itself a crime.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

A Common Decision

Pulled over and unsure what to do, you decide not to blow into the breathalyzer, thinking that without a number the State has no case. In Florida, that decision has immediate consequences of its own — separate from the DUI — because of a law you agreed to the day you got your license.

The Implied Consent Law

Under Florida’s implied consent law, § 316.1932, driving in the state is treated as consent to a lawful breath, blood, or urine test. Refusing carries an automatic administrative penalty.

The Governing Statute
Fla. Stat. § 316.1932 — Implied Consent
"Any person who accepts the privilege … of operating a motor vehicle within this state is, by so operating … deemed to have given his or her consent to submit to an approved chemical test."
Read the full statute on Online Sunshine →

A first refusal triggers a one-year license suspension. A second or subsequent refusal is a first-degree misdemeanor — a separate crime on top of the DUI. And refusal can be used against you in court as evidence of "consciousness of guilt."

What Refusal Costs

Refusal — Consequences
First refusal: 1-year administrative license suspension.

Second+ refusal: 18-month suspension and a first-degree misdemeanor charge (up to 1 year in jail).

In court: The refusal itself can be introduced as evidence of consciousness of guilt.

Refusing does not automatically end a DUI case — the State can still prove impairment through the officer’s observations, driving pattern, and roadside exercises.

What a Defense Attorney Looks For

  • Whether the stop and arrest were lawful. An unlawful stop can undermine the refusal consequences too.
  • Whether implied-consent warnings were properly given. Officers must inform you of the consequences of refusal; failures can matter.
  • The 10-day DHSMV deadline under § 322.2615 to challenge the suspension applies here as well.

Frequently Asked Questions

What happens if you refuse a breathalyzer in Florida?
Under the implied consent law (§ 316.1932), a first refusal triggers an automatic 1-year license suspension. A second refusal is an 18-month suspension and a first-degree misdemeanor.
Is refusing a breath test a crime in Florida?
A first refusal is a civil/administrative penalty (license suspension). A second or subsequent refusal is a first-degree misdemeanor — a separate crime.
Can refusing a test still lead to a DUI conviction?
Yes. The State can prove DUI through the officer’s observations, your driving, and field sobriety exercises, and it can use your refusal as evidence of consciousness of guilt.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 316.1932 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.