The law changed in Florida recently regarding refusal to submit to a breath, blood, or urine test during a DUI stop.
As of October 1, 2025, refusing a lawful breath or urine test after a DUI arrest is now a second-degree misdemeanor for a first offense,
Under the previous law, a first-time refusal was not a crime, but carried administrative penalties, such as the loss of your driving privilege.
Now, a first-time refusal not only carries the same driver license suspension term, but it comes with a criminal charge. So in addition to DUI, you will be charged with the misdemeanor offense of Refusal to Submit.
A second refusal of breath, blood, or urine test after a DUI arrest is still a crime (Second Subsequent Refusal). A second refusal is punishable by up to one year in jail (1st degree misdemeanor).
Eric Matheny is a DUI attorney serving Miami-Dade, Broward, and Palm Beach.