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What happens if I refuse a breath test in Florida?

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

What happens if I refuse a breath test in Florida?

If you refuse a breath test your license will be suspended for one year or 18 months if you have a prior refusal. Furthermore that second refusal could be filed as a misdemeanor against you in Florida courts. Additionally what's important to realize is that the department of motor vehicle suspends your drivers license for refusing to take a breath test. Not necessarily the court because your license is going to be taken immediately once you refuse by the officer. You haven't been to court yet, so therefore you haven't been convicted yet so therefore the court hasn't taken any action against your drivers license. There are two types of suspensions when it comes to a drivers license. There is one by the DMV and there's one by the court. So when you refuse to take a breath test when your license is suspended it's the suspension that's by the DMV.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...


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