If you’ve been pulled over for suspected DUI in Palm Beach County, one of the most stressful moments comes when the officer asks you to take a breathalyzer test. Many people freeze, unsure whether saying “no” will help or hurt their case. It’s one of the most common questions we get: Can I refuse a breathalyzer in Florida?

The short answer is yes, you can refuse, but there are serious consequences that come with that decision. Sometimes, refusing can actually make things worse.

Let’s break down what refusal really means, how Florida law treats it, and whether it could help or hurt your DUI defense.

Florida’s Implied Consent Law

Florida has what’s called an Implied Consent Law (Florida Statutes §316.1932). This means that by driving on Florida roads, you have already consented to submit to a lawful request for a breath, blood, or urine test if you are lawfully arrested for DUI.

In other words, simply having a driver’s license means you’ve agreed to take the test if asked. Refusing that test is a violation of this agreement, and it triggers automatic penalties.

Penalties for Refusing a Breathalyzer in Florida

If you refuse to take the test:

  • First Refusal:

    • 1-year driver’s license suspension.

    • Evidence of your refusal can be used against you in court.

    • (AFTER OCTOBER 1st 2025) Misdemeanor charge (2nd degree) 

  • Second (or subsequent) Refusal:

    • 18-month driver’s license suspension.

    • Misdemeanor criminal charge for refusal (1st Degree)

    • Judges and prosecutors often treat repeat refusals as very damaging.

Keep in mind: these penalties are separate from your DUI case in court. Even if the DUI itself is reduced or dismissed, the refusal suspension can stick.

The Double-Edged Sword of Refusing

So, does refusing help or hurt you? The answer is: it depends.

  • If you refuse the breath test:

    • The state doesn’t have a number (like .12 or .15) to prove you were above the legal limit of .08.

    • However, your refusal can be introduced as evidence of “consciousness of guilt”, prosecutors will argue you refused because you knew you were drunk.

    • You automatically face a license suspension, which can be devastating for professionals and families.

  • If you take the test and blow over .08:

    • The state has direct evidence against you. A reading over .08 makes the prosecutor’s case much stronger.

    • A very high BAC (like .15 or above) brings enhanced penalties, including higher fines, mandatory ignition interlock devices, and longer license suspensions.

In short: it’s a lose-lose situation. Refusal may limit the state’s evidence but causes its own problems. Blowing over .08 gives them hard proof.

What We Tell Our Clients

We’re often asked: “Should I refuse the breathalyzer?”

Here’s the truth: we cannot give that advice ahead of time, because it depends entirely on your situation.

  • If you had one drink at dinner and truly believe you’re under the limit, blowing might avoid a refusal suspension.

  • If you had multiple drinks, blowing could give the state evidence to convict you.

But the problem is, you never know your exact blood alcohol concentration. Even “just two drinks” can put you over the legal limit depending on your body type, food intake, metabolism, and timing.

That’s why our firm always advises: if there’s any doubt, don’t drive. Call an Uber, Lyft, or other rideshare service. It’s the only way to guarantee you avoid this lose-lose decision altogether.

How Refusal Plays Out in Court

In Palm Beach County, prosecutors take refusal cases very seriously. Here’s how it can play out:

  • During trial: The state will point out that you refused, suggesting you were hiding something.

  • For the jury: Refusal often “looks bad,” even if it avoids a concrete BAC number.

  • For negotiations: A refusal can make prosecutors less willing to reduce the charge, since they view it as non-cooperation.

That said, refusal cases can still be successfully defended. We have challenged them on grounds such as:

  • Was the traffic stop legal?

  • Did the officer properly explain the Implied Consent law?

  • Were the testing machines working correctly?

  • Did the officer have probable cause to request the test?

Sometimes, errors in procedure at the DMV hearing or in the police reports can weaken the state’s case enough to overturn a license suspension or reduce charges.

The Safer Choice

Here’s the bottom line: refusing a breathalyzer in Florida is not a “get out of jail free card.” It carries heavy penalties, and it can be used against you in court. Blowing over .08 is also damaging, especially if you’re far above the legal limit.

The only safe choice is not to drink and drive in the first place. If you have even a shadow of doubt, take a rideshare. It’s cheaper than a DUI lawyer, safer for everyone, and avoids the double-edged sword entirely.

Learn More About DUI in Florida

We discuss breathalyzer refusals and other DUI issues in our video here:
🎥 Can I Refuse a Breathalyzer in Florida?

For more quick guides on Florida DUI law, check out our YouTube channel:

Conclusion

Can you refuse a breathalyzer in Florida? Yes. But refusal comes with serious consequences, including a lengthy license suspension and the possibility of it being used as evidence against you. On the other hand, taking the test could hand prosecutors proof that you were over the legal limit.

It’s a double-edged sword—one best avoided by making the choice to not drink and drive in the first place.

If you or someone you care about has been arrested for DUI in Palm Beach County, call The Law Office of Matthew Konecky, P.A. right away. You only have 10 days to protect your license. We can guide you through both the criminal and administrative sides of your case.

📞 Contact us today for a confidential consultation.

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