Laws are constantly changing. Each year, legislators introduce new laws, update existing laws, and adjust the penalties for current laws. In 2025, a major change was made to DUI laws.
What changed, and how does it affect the way you should act if you are pulled over and accused of a DUI?
It Is Now a Crime to Refuse a DUI Breathalyzer In Florida
Under HB 687, known as Trenton’s Law, it is now a crime to refuse a breath, urine, or chemical test during a DUI stop in Florida. The law, which went into effect on October 1, 2025, contends that drivers are implying consent to testing simply by driving in Florida.
Under the new law, a first-time refusal of a breath, urine, or chemical test is a second-degree misdemeanor.
You can be arrested, charged, and prosecuted in criminal court. A conviction under this new classification can lead to:
- 60 days in jail
- $500 fine
- License suspension
A second refusal carries more significant consequences. A subsequent refusal is a first-degree misdemeanor, which can lead to up to one year in jail and a $1,000 fine.
Prior to the new law, it was not a crime to refuse a breathalyzer for the first time.
It was considered an administrative issue handled with the DMV. If you refused the breathalyzer, you would automatically lose your license for a year, but you were not charged with a crime. Under previous laws, a second refusal was also not a crime. It would lead to an 18-month license suspension. This changed on October 1, 2025.
Can I Refuse a Breathalyzer in Florida?
Yes, you can refuse a breathalyzer in Florida, but it comes with criminal consequences. Under HB 687, you may now face jail time, fines, and license suspension if you refuse a breath, urine, or chemical test when stopped for a DUI.
Refusing a breathalyzer does not mean you will or won’t be charged with a DUI. The charge for refusal is different from a DUI charge. If you refuse the test, law enforcement may still arrest you for a DUI if they believe you are driving while intoxicated.
Related: What to Expect From a First Offense DUI
What If I Refuse a Breathalyzer in Florida?
If you are stopped for a DUI and refuse a breathalyzer, you will be charged with a crime. The crime is refusal to take a breathalyzer. You will not be charged with a DUI for refusing a breathalyzer, but you may still be charged with a DUI if law enforcement has enough reason to believe you are under the influence.
Related: What To Do About a DUI License Suspension in Florida
Should I Refuse a Breathalyzer In Florida?
Yes, you may still want to refuse a DUI breathalyzer in Florida, according to Tampa-based DUI attorney, TJ Grimaldi. If you have ingested alcohol, a breathalyzer is going to create additional evidence against you to help prove your DUI case.
“My advice is still to never blow unless you know you are stone sober. When you blow or provide a blood or urine sample, you give the state of Florida more evidence against you to prove your guilt of DUI,” says Grimaldi.
“Unless you are 100% sure that you have no intoxicants in your body, you should not agree to these things. Even with the new law, you are already facing jail time if found guilty of the DUI. By blowing, you are just giving the state that much more evidence to convict you,” Grimaldi explains.
While refusing a DUI breathalyzer now carries its own consequences, it may be in your interest to refuse if the evidence of the breathalyzer could lead to a DUI conviction.
Related: Is a DUI a Felony in Florida? What Charges Should You Expect?
Can I Refuse a Blood Test for DUI in Florida?
Yes, you can refuse a blood test for a DUI in Florida. As with refusing to take a breathalyzer, it is also now a crime to refuse a blood test, but it may still be in your best interest to refuse if you believe you have alcohol in your system.
Related: Stopped and Arrested for a DUI in Florida? Here’s What to Do Next
Can I Refuse a Urine Test for DUI in Florida?
Yes, you can refuse a urine test for a DUI in Florida, but it is now considered a crime. If you refuse, you will be charged and can face jail time, fines, and license suspension. Even with the potential consequences, it may still be in your best interest to refuse a urine test if you believe you have alcohol in your system.
Talk to a Florida DUI Expert
Dealing with changing criminal laws can be confusing and complicated. Make sure you have a trusted guide by your side. TJ Grimaldi is here to help you through your most difficult moments.
If you have been charged with a DUI, talk to TJ Grimaldi right away.
TJ Grimaldi is a Tampa-based DUI attorney who knows how to get the best possible outcome in criminal cases. Get expert legal advice from an experienced criminal defense attorney. Call 813-226-1023 to talk to TJ Grimaldi today. Contact us now.