Florida’s New First Time DUI Refusal Law — What You Need to Know

By Barry Taracks, Taracks & Associates

If you’re stopped for a suspected DUI in Florida and you’re asked to submit to a chemical or breath test, you used to have the option to refuse and just face an administrative driver’s license suspension. That has changed. The new law under Florida Statute 316.1932 makes a first-time refusal criminal in many cases. Here’s what that means, why it matters, and what you should do if you’re facing one of these charges.

What the law change says

Implied Consent Under §316.1932

Under Florida Statute 316.1932, the key parts to know are:

• By driving in Florida, you are deemed to have given your implied consent to submit to a chemical or physical test (breath, urine, or blood) if you are lawfully arrested for DUI or in actual physical control of a vehicle while under the influence.
• If you refuse a lawful test of breath or urine, you face a one-year suspension of your driving privilege for a first refusal (or 18 months if your privilege was previously suspended or you had a prior fine for refusal).
• Importantly, the refusal is now a misdemeanor of the second degree for a first refusal, punishable under sections 775.082.
• If you have a prior suspension or fine for a prior refusal, the refusal becomes a misdemeanor of the first degree.
• The law also makes your refusal admissible in any criminal proceeding related to the DUI.

In short, you can’t treat a first test refusal like an administrative matter anymore. It’s criminal and brings additional consequences.

Why this matters

For many drivers, refusing a test used to be a “lesser evil” than submitting and having a high BAC or other incriminating evidence. But that calculus has shifted:

• Criminal exposure. Instead of only risking a license suspension and administrative penalties, you could now face criminal charges for that refusal alone.
• More leverage for prosecutors. When a refusal is admissible in court, prosecutors gain an extra tool: they can argue you refused because you knew you were impaired, and use that fact in your DUI prosecution.
• Greater risk for first time drivers. Even if you’ve never been accused of DUI before, a refusal triggers this criminal penalty. Many people were under the impression that only repeat offenders faced criminal liability; that is no longer safe to assume.
• The stakes get higher for your driving record, insurance, employment (if driving is job related), and mobility overall.

What to do if you’re stopped

If you find yourself pulled over, arrested for a suspected DUI in Florida, and you’re asked to submit to a test, keep these points in mind:

1. Know your rights—and the downside of refusal. Historically, “just refuse” may have seemed like an option. Now, refusal carries criminal penalties, so the decision is riskier.
2. Request legal counsel immediately. Your attorney will need to assess the stop, arrest, how the request for the test was made, if the law enforcement officer had probable cause, how you were warned, and how the test was administered (or not administered). Every step matters.
3. Document everything. Memories fade, and physical evidence may disappear. Make mental (or better yet, written) notes of the interaction, including time, place, officer name/badge, what was said, whether you were read your rights, and whether you were told refusal consequences.
4. Don’t ignore administrative proceedings. Even if you’re fighting the criminal charge, you’ll still likely be facing a license suspension under the refusal statute. Getting counsel early on both fronts is crucial.
5. Act quickly. The earlier you connect with an experienced DUI attorney, the better your chances of mounting a defense. For first time refusal, you’re playing offense and defense: handling the refusal charge, the underlying DUI, and the license consequences.

Why Taracks & Associates

At Taracks & Associates, our team has decades of experience defending Florida drivers in DUI and refusal cases. Barry Taracks personally handles complex first time and repeat DUI cases and has a deep understanding of how the refusal statute interacts with standard DUI prosecutions. That means we’re prepared to:

• Examine whether the officer had lawful arrest and probable cause.
• Scrutinize whether you were properly warned of the consequences of refusal.
• Challenge the admissibility of the refusal in your trial.
• Coordinate fighting the criminal charge and fighting the administrative driver’s license suspension concurrently.

If you’ve been arrested or suspect you may be facing a first time refusal DUI charge, don’t wait. Time is critical; evidence, footage, lab results, and administrative deadlines matter.

Call Taracks & Associates today at (813) 281-2897 or online for a free consultation. Let us help you understand your rights, your risks, and your options. You deserve aggressive representation that doesn’t sugarcoat the stakes. We’ll tell it like it is and work hard to protect your future.