What happens if I refuse a breath test in Florida?
If you refuse to give a breath test in Florida, generally speaking, the upside is, is that you would not give the state of Florida evidence to use against you. There won’t be a breath result in which they can use to prosecute you for DUI. The downside is, on the criminal side, you can have that fact presented by the state in your case. If you refused previously, a second refusal can also result in a criminal offense, you being charged with refusing to provide a breath test. On the administrative side, your driver’s license can be suspended for 12 months for the first refusal, and 18 months for the second refusal.