Florida Dui Breathalyzer Refusal

Summary

Refusing a breathalyzer test in Florida leads to automatic license suspension under implied consent laws. A first refusal results in a 1-year suspension, while subsequent refusals lead to an 18-month suspension. This suspension is an administrative penalty and remains even if not convicted of DUI. You may apply for a hardship license by completing a DUI program and attending a hardship hearing at the Bureau of Administrative Reviews.

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What if you end up not being convicted
If you refuse a breathalyzer test in Florida and are not convicted of DUI, the license suspension due to refusal still stands. The suspension is a separate administrative penalty by the DMV and not tied to the criminal conviction.
Do you need assistance on how to appeal the suspension?
Can you get a hardship license if this happens
Yes, in Florida, you may apply for a hardship license even if your license is suspended for refusing a breathalyzer test.
- You must complete a DUI program.
- Apply for a hardship hearing at the Bureau of Administrative Reviews (BAR).
Do you need more details on the application process?