What happens if I refuse a breath test in Florida?
Whitney S. Boan Protecting Your Right
Video Transcript
In Florida, when you get your driver’s license, as a matter of law, the state of Florida considers your ability to drive a privilege, not a right. Impliedly, when you get your driver’s license and you sign your name on it, you are consenting to any blood, breath, urine, whatever test for drugs or alcohol that law enforcement lawfully ask you to submit to. What usually happens if you refuse to submit to a breath test, is that there is going to be a Notice of Suspension issued to you, and your license will automatically become suspended for a period of a year. That happens administratively, and is separate than any criminal action that may be pursued against you. There are also criminal charges that can result from refusing to submit to a test as well. You should speak with a lawyer to figure out what, if anything, can be done to challenge any such Notice of Suspension, or any criminal charge resulting from refusing to submit to a test.