DUI Refusal Is Now a Crime in Florida

by | Feb 23, 2026 | DUI

What Every Florida Driver Needs to Know

Florida drivers — this is HUGE.

As of October 1, 2025, refusing a DUI test in Florida is no longer just a license issue. It is now a criminal offense.

At Gans Law, we are already seeing confusion about this change — and it’s critical that drivers understand what this means for their rights and their future.

What Changed in Florida DUI Law?

Under Florida’s updated DUI laws:

If you are lawfully arrested for DUI and you refuse a breath or urine test, that refusal is now criminalized.

Even on a First Offense

Even if you have never been arrested before, refusing the test can now result in:

  • ⚖️ A second-degree misdemeanor

  • 💰 Criminal fines and court costs

  • 🚔 Possible jail time

  • ❌ A permanent criminal record

Previously, refusal primarily resulted in an administrative driver’s license suspension. Now, it can lead to criminal charges in addition to license consequences.

What Is a Second-Degree Misdemeanor?

In Florida, a second-degree misdemeanor can carry:

  • Up to 60 days in jail

  • Up to $500 in fines

  • Court costs and probation

  • A criminal conviction on your record

This is no longer just a DMV issue. It is a criminal court matter.

Why This Law Change Matters

Many drivers believe refusing a breath or urine test protects them.

For years, some people thought refusal limited evidence in court. Under this new law, that decision can actually make the situation worse.

Now, you could be facing:

  • A DUI charge

  • A license suspension

  • AND a separate criminal charge for refusal

The legal landscape has changed — and making the wrong decision in the moment can have long-term consequences.

What Should You Do If You’ve Been Arrested?

If you have been arrested for DUI — or charged with refusing a test — you need to speak with an experienced criminal defense attorney immediately.

At Gans Law, our attorneys are former law enforcement officers who understand:

  • DUI investigations

  • Breath and urine testing procedures

  • Evidence collection and preservation

  • Courtroom defense strategies

We know how these cases are built — and how to challenge them.

Protect Your Record. Protect Your Future.

A DUI refusal charge is serious. A criminal conviction can impact:

  • Employment opportunities

  • Professional licenses

  • Insurance rates

  • Your driving privileges

The sooner you act, the more options you may have.

Call Gans Law Today

If you’ve been arrested for DUI or have questions about your rights under Florida’s new refusal law, contact Gans Law for a free consultation.

We’re here to protect you —

Because Everyone Deserves Justice.