What happens if I refuse a breath test in Florida?
In Florida, when you agree to accept the privilege to operate a motor vehicle, you do so with the understanding that you are consenting to any sobriety test authorized by law. When you refuse to submit to a breath test, you are essentially breaching that contract you entered into with the state of Florida. That triggers administrative penalties that can actually result in the suspension of your driving privilege for up to 12 months for your first refusal, and 18 months if it’s your second refusal. If you’ve previously refused a breath test, that second refusal could be treated as a first degree misdemeanor, punishable by up to one year in the county jail.