New Laws Against Breathalyzer Refusal
New Breathalyzer Test Laws Passed in Florida
Florida is making major changes to how breathalyzer refusals are handled during DUI stops. Starting October 1, 2025, refusing a breath test when lawfully requested by police will become a criminal offense, even for first-time offenders.
This update creates serious consequences for drivers who decline testing. In this blog, we’ll break down what the new law means, how it fits into Florida DUI laws, the penalties involved, and how a DUI lawyer might help if you’ve been charged.
What is the New Florida Breathalyzer Test Refusal Law?
Under Senate Bill 138, refusal to take a breath, blood, or urine test during a lawful DUI arrest will be classified as a second-degree misdemeanor.
This is a big jump from the previous Florida DUI laws, which only issued an administrative license suspension for a first refusal and reserved criminal charges for repeat offenders. Now, criminal penalties apply to any refusal, and they come in addition to the existing administrative consequences.
Here’s how the penalties break down:
- First refusal:
- Charged as a second-degree misdemeanor
- Penalties: Up to 60 days in jail, up to $500 in fines, and a criminal record
- Second or subsequent refusal:
- Charged as a first-degree misdemeanor
- Penalties: Up to 1 year in jail, up to $1,000 in fines, longer license suspension, and a more serious criminal record
Why Was This New Law Passed
This new legislation, sometimes referred to as Trenton’s Law, was introduced in response to growing concerns about DUI enforcement. Lawmakers have observed an increase in DUI-related crashes and noted that Florida has a higher-than-average refusal rate for breath, blood, or urine testing during DUI stops.
In many DUI cases, chemical test results are used as evidence, and the goal of the Florida breathalyzer test refusal law is to increase compliance during DUI stops. This new law unfortunately increases legal complications for drivers, especially those who may have declined testing for personal, medical, or legal reasons.
How An Experienced DUI Lawyer Can Help
If you’re facing a charge for refusing a breath test, legal representation can impact how your case is handled and what outcome is possible.
Here are some ways working with a DUI lawyer can help:
- Challenge the Evidence A lawyer can review the details of the DUI stop to determine if officers followed proper procedures, had probable cause, and clearly explained your rights.
- Negotiate the Outcome Depending on the circumstances, a DUI lawyer may be able to negotiate with prosecutors to reduce the charge or minimize penalties such as jail time or fines.
- Address License Suspension A lawyer can help you appeal a license suspension or apply for a hardship license, which may allow you to keep driving while your case is pending.
Protect Your Rights with a DUI Attorney
Florida’s new breathalyzer refusal law has raised the stakes for drivers charged with a DUI. With refusal now treated as a criminal offense, navigating the legal process can be more challenging than before.
If you’re facing charges under this law, working with an experienced DUI attorney can help you regain control of your case. Kevin Peterford is a former prosecutor who understands how DUI cases are built and how to defend against them. He works closely with clients to protect their rights and guide them through each step of the process.
Request a free consultation today to discuss your situation and explore your legal options.