Florida’s New Law: First DUI Refusal Now a Crime

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

As of October 1, 2025, Florida law changed, and drivers need to understand what that means. Under Florida Statute § 316.1932, refusing a lawful breath or urine test after a DUI arrest can now result in a criminal charge, even for a first refusal.

A first refusal may be charged as a second-degree misdemeanor, exposing a driver to possible jail time, fines, and a permanent criminal record. In addition, your driver’s license can still be suspended through a separate administrative process.

Previously, a first refusal primarily resulted in a license suspension. Now, the consequences are significantly more serious. Understanding your rights and the potential penalties is critical if you are facing a DUI investigation.

Stay informed. Drive safely.