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What happens if I refuse a breath test in Florida?

If you refuse a breath test in Florida, your license is going to get suspended. What you need to understand is that in Florida, if you get arrested for DUI, that arrest, that criminal case, the criminal prosecution, is separate and apart from an administrative suspension of your driving privilege. So in Florida, when you get arrested for DUI, if you are asked to take a breath test and you refuse, if the breath test is pursuant to a lawful arrest, the police officer has the authority to act as an agent for the Department of Highway Safety and Motor Vehicles and he or she can and will suspend your driving privilege in Florida for a year if it’s a first refusal or 18 months if there’s been some type of prior refusal, and that is separate and apart from the criminal prosecution that arises as a result of a DUI arrest.