If you have been pulled over on suspicion of driving under the influence, you may be wondering whether you actually need to take the breathalyzer test. DUI stops can be stressful, and the top DUI lawyers in Clearwater with The Law Office of Timothy Sullivan want you to feel prepared and confident in making the best decision for your situation.
Explaining Florida’s “Implied Consent Law”
Florida drivers automatically agree to submit to chemical tests like breathalyzers or blood tests when they first get their driver’s license. This is because of Florida’s Implied Consent Law. By choosing to drive in the state of Florida, it is implied that you have already given legal “consent” to submit to testing if law enforcement suspects you of driving under the influence. That being said, refusing a breathalyzer test is not a crime on its own (yet), but refusing to take it can be potentially used against you in court. However, the Florida legislature recently passed a law making it a crime to refuse a breath or urine test, which is effective October 1, 2025. Thus, a refusal could soon subject an individual to up to sixty (60) days in jail for a first offense.
Consequences of Refusing a Breathalyzer Test
If you decide to refuse a breathalyzer test after being lawfully arrested for DUI in Florida, your driver’s license will be suspended for one year, even if you are never fully convicted of a DUI offense. If this is your second or subsequent refusal, the suspension duration will increase to 18 months, and you may face additional misdemeanor charges for your refusal.
On top of license suspension, refusing a breathalyzer may add some more difficulties to your defense. A prosecutor may argue that you intentionally refused the test because you knew that you would fail it. In other words, the prosecutor is permitted to argue that your refusal is evidence of “consciousness of guilt.” While your Clearwater DWI lawyer would likely be able to argue against that point, refusal could potentially be used as evidence of guilt.
Is There a Right or Wrong Choice?
Ultimately, there is no one-size-fits-all answer as to whether you should refuse a breathalyzer test. Your actual Blood Alcohol Content levels, any prior DUI history, and how well you perform on any Field Sobriety Tests can influence which choice would be the best for your situation and case.
Each situation is unique, and what might be beneficial for one person could potentially be very detrimental for another. That being said, if you are being charged with a DUI, it is extremely important that you choose to work with one of the top DUI lawyers in Clearwater with The Law Office of Timothy Sullivan for legal guidance and representation backed by years of successful and relevant experience.
How a Florida DUI Lawyer Can Help You During Your DUI Case
Every DUI case is different, and a skilled Clearwater DWI lawyer with The Law Office of Timothy Sullivan will take time to meticulously evaluate all the details of your situation to ultimately determine the best course of action, including whether you took the breath test or not, to build a strong defense and minimize the impact on your life.
If you’ve refused a breathalyzer or are facing DUI charges in Florida, The Law Office of Timothy Sullivan for representation you can trust. For a complimentary case consultation, call our office at (727) 291-9717.