Refuse a Breathalyzer in Florida? You Now Face Jail Time Under New 2026 DUI Laws
Florida’s DUI laws got dramatically stricter in late 2025. Refusing a breath test now carries criminal charges—not just license suspension. First-time refusal brings a second-degree misdemeanor with up to 60 days in jail and 6 months probation, plus a one-year license suspension. Second DUI manslaughter convictions now carry 30-year mandatory minimum sentences. These changes affect every Florida driver pulled over for suspected DUI.
Florida’s “Trenton’s Law” Changes Everything for DUI Cases
House Bill 687, known as “Trenton’s Law,” took effect October 1, 2025, marking the biggest DUI law overhaul in decades. The law is named after Trenton Stewart, an 18-year-old Stetson University football player killed in 2023 when a wrong-way driver traveling over 100 miles per hour while impaired struck him head-on in Jacksonville.
The driver had already killed someone else in 2001 while driving impaired. He was sentenced to only 12 years because Trenton’s Law wasn’t in effect yet. Trenton’s mother partnered with Mothers Against Drunk Driving to push for stricter penalties.
What BAC Limits Apply in Florida 2026
Florida sets specific blood alcohol concentration limits based on your age and license type.
Standard drivers 21 and older: 0.08% BAC or higher
Commercial drivers: 0.04% BAC
Drivers under 21: 0.02% BAC under Florida’s zero tolerance policy
You can face DUI charges even below these limits if alcohol or drugs impair your normal faculties. Florida’s per se DUI law means a BAC of .08 or more automatically proves DUI, regardless of whether you appear impaired.
Your liver processes alcohol at approximately 0.015% BAC per hour. Coffee, exercise, or cold showers won’t speed this up.
Refusing Breathalyzer Tests Now Brings Criminal Charges
Before Trenton’s Law, refusing a chemical test was just an administrative penalty handled by the DMV. Now it’s a criminal offense.
First refusal consequences:
Second-degree misdemeanor charge with up to 60 days jail and $500 fine
Automatic one-year driver’s license suspension
Criminal record
Second or subsequent refusal:
First-degree misdemeanor with up to 1 year in jail and $1,000 fine
18-month license suspension
The refusal charge is separate from any DUI charge. You’ll face both if arrested.
Can You Refuse Field Sobriety Tests in Florida
Field sobriety tests remain voluntary in Florida and you can refuse them without legal penalty. These include:
- Walk-and-turn test
- One-leg stand test
- Horizontal gaze nystagmus (eye tracking) test
Refusal doesn’t prevent arrest—if the officer sees signs of impairment like slurred speech, swerving, or alcohol odor, they can still arrest you.
The difference is crucial: field sobriety tests at the roadside are optional. Chemical tests after arrest are not optional under Florida’s implied consent law.
Florida’s Implied Consent Law Explained
Florida Statute 322.2615 establishes implied consent—by holding a Florida driver’s license, you automatically consent to BAC testing.
This means when you get a Florida license, you legally agree to submit to breath, blood, or urine tests if arrested for DUI. Officers must now inform you that refusing the test is a criminal offense, not just an administrative penalty.
If the officer fails to properly advise you of these updated consequences, that could be grounds for suppressing evidence or challenging the refusal charge.
First-Time DUI Penalties in Florida 2026
A first DUI conviction in Florida counts as a misdemeanor with these penalties:
Fines:
$500 to $1,000 for standard first offense
$1,000 to $2,000 if BAC was .15 or higher, or minor in vehicle
Jail time:
Up to 6 months for standard offense
Up to 9 months if BAC .15 or higher or minor in vehicle
License suspension:
180 days to 1 year
Additional requirements:
50 hours community service or pay $10 per hour instead
DUI school with substance abuse evaluation and any recommended treatment
Total probation and incarceration period cannot exceed 1 year
Ignition interlock device:
Required for 6 months if BAC was .15 or higher or minor passenger in vehicle
Optional for standard first offense, but installing one voluntarily can get your driving privileges back sooner.
Second DUI Offense Penalties Florida
Second DUI convictions bring harsher consequences:
Fines:
$1,000 to $2,000 standard
$2,000 to $4,000 if BAC .15 or higher or minor in vehicle
Jail time:
Up to 9 months standard
If second conviction within 5 years of prior, mandatory minimum 10 days jail
At least 48 hours of jail must be consecutive
License revocation:
5-year minimum revocation if within 5 years of first DUI
Restricted license may be available after one year with substance abuse course enrollment
Vehicle impoundment:
30 days for second offense within 5 years
Ignition interlock:
Mandatory for 1 to 2 years
Third DUI Offense Becomes Felony in Florida
A third DUI within 10 years from any prior conviction can be charged as third-degree felony.
Penalties include:
Not less than 30 days and up to 5 years in prison
Fines between $2,000 and $5,000
10-year driver’s license revocation
Minimum 2-year ignition interlock device requirement
Vehicle immobilization for 90 days
Fourth or subsequent DUI offenses are always felonies.
DUI Manslaughter Penalties Doubled Under Trenton’s Law
A second conviction for DUI manslaughter, BUI manslaughter, or vehicular/vessel homicide is now a first-degree felony.
Previous law:
Second-degree felony with maximum 15 years prison
Under Trenton’s Law:
First-degree felony with maximum 30-year prison sentence
Judges must impose the full 30 years for repeat offenders
DUI manslaughter convictions carry mandatory minimum 4-year imprisonment
Courts can now permanently revoke driving privileges for certain repeat offenders. Previous law limited revocations to specific time periods.
What Happens When You’re Arrested for DUI in Florida
Officers release you when you’re no longer under the influence, your normal faculties aren’t impaired, your BAC is lower than 0.05, or 8 hours have elapsed from arrest.
At the time of arrest:
The officer takes your physical license and issues a 10-day temporary permit
You receive notice of administrative license suspension
You have critical decisions immediately:
You have 10 days to request an administrative hearing with DMV
Missing this deadline results in automatic suspension with no opportunity to challenge it
Your hearing typically occurs within 30 days of your request
The department issues a temporary permit valid until the hearing date
The 10-Day Rule for Administrative Hearings
You have only 10 days from arrest date to request a formal review hearing. This is separate from criminal court.
The administrative hearing examines limited issues:
- Whether officer had probable cause to stop you
- Whether officer had probable cause to arrest you
- Whether you refused testing or had unlawful BAC
The hearing officer’s decision is final unless you appeal to circuit court.
If you do nothing, you lose your right to drive for 30-90 days depending on charges. After that period, you may request a hardship license.
Florida Hardship License After DUI
You can apply for a hardship license in your county before the revocation period expires. DUI school completion and treatment may be required.
A hardship or restricted license allows you to drive to work, school, essential appointments like probation meetings, and DUI education classes.
Requirements for hardship license:
Complete or enroll in DUI school
Show proof of insurance (FR-44)
Pay administrative fees
Install ignition interlock device if required
Ignition Interlock Device Requirements Florida
An ignition interlock device is an alcohol breath test installed into your vehicle’s ignition system.
You must breathe into the machine, and if it detects a BAC of 0.025% or more, it will not start the vehicle.
Who needs an IID:
Mandatory for first offenders with BAC more than 0.15%
Mandatory for 6 months for first offense with high BAC
Subsequent convictions require 1 to 2 years
Installation costs:
Installation fee: $70 to $150
Monthly monitoring: $60 to $80
Removal fee: $50 to $100
For one-year IID requirement, expect total costs between $850 and $1,200.
Your IID requirement begins once you complete your license revocation period.
License Reinstatement After Florida DUI
At reinstatement, you must take a required examination and pay $115 administrative fee plus $60 reinstatement fee.
Any DUI conviction after October 1, 2007 must have proof of bodily injury liability insurance of $100,000 per person, $300,000 per occurrence and $50,000 property damage.
This is called FR-44 insurance. FR-44 insurance must be carried with higher liability limits for 3 years.
Reinstatement requirements:
Complete DUI school and any required treatment
If you fail to complete course within 90 days after reinstatement, license will be cancelled until completion
Pay all fines and court costs
Show proof of FR-44 insurance
Install ignition interlock if required
DUI Property Damage and Injury Penalties
Any person who causes property damage or personal injury while driving under the influence is guilty of first-degree misdemeanor with up to $1,000 fine and one year imprisonment.
DUI causing serious bodily injury:
Third-degree felony with up to 5 years prison, $5,000 fine, and minimum 3-year license revocation
DUI causing death (DUI manslaughter):
Second-degree felony with 4 to 15 years prison, up to $10,000 fine, and permanent license revocation
These penalties apply in addition to standard DUI penalties based on prior offenses.
Florida DUI with Minor in Vehicle
Having a passenger under 18 during a DUI triggers enhanced penalties at every level.
First offense with minor:
Fines increase to $1,000 to $2,000
Jail time increases to maximum 9 months
Mandatory 6-month ignition interlock device
Second offense with minor:
Fines increase to $2,000 to $4,000
Ignition interlock requirement increases to 2 years
Enhanced penalties may include additional jail time
Underage DUI Laws Florida 2026
Drivers under 21 are prohibited from having BAC of .02% or greater.
An underage DUI violation is not a criminal offense but results in license suspension and other requirements.
If BAC tests .02% to .05%:
6-month license suspension for first offense
1-year suspension for second offense
If BAC is .05% or higher:
Substance abuse evaluation and enrollment in treatment course required
If BAC reaches .08% or higher:
You face same penalties as adult drivers
Underage refusal penalties:
1-year suspension for first refusal
18-month suspension for subsequent refusal
What Constitutes “Actual Physical Control” in Florida
A person doesn’t have to put the car in motion to be convicted of DUI in Florida—the law only requires actual physical control.
“Actual physical control” means a person must be physically in or on the vehicle and have the capability to operate it, regardless of whether actually operating it, and the vehicle is reasonably capable of being rendered operable.
A Florida court held that a person sleeping and slumped over the steering wheel with left hand on wheel and keys in ignition was in actual physical control.
Florida DUI Defenses That May Work
An experienced defense attorney can challenge the legality of the traffic stop, accuracy of chemical tests, and whether your constitutional rights were protected.
Constitutional defenses:
Illegal traffic stop without reasonable suspicion
Illegal search or seizure
Miranda rights violations
Procedural defenses:
Improper breath test administration
Machine calibration issues
Blood test chain of custody problems
Officer failed to properly advise of updated refusal consequences
Factual defenses:
Rising BAC (alcohol still absorbing when tested)
Medical conditions affecting test results
Mouth alcohol contaminating breath test
Florida courts use Intoxilyzer 8000 breathalyzer machines for evidential testing. Challenging the machine’s calibration and maintenance records can be effective.
Criminal Court Process for Florida DUI
After arrest:
Booking at jail
Bail determination
First appearance before judge (usually within 24 hours)
Arraignment:
You enter plea: guilty, no contest, or not guilty
Judges are prohibited from accepting a plea of guilty to lesser-included offense
Courts are prohibited from withholding adjudication in DUI cases or reducing a DUI charge if defendant’s BAC was .15 or greater
Pretrial process:
Discovery (exchanging evidence)
Pretrial motions (challenging evidence)
Plea negotiations with prosecutor
If case goes to trial:
Jury selection
Opening statements
State presents evidence and witnesses
Defense presents case
Closing arguments
Jury deliberation and verdict
Probation Requirements for Florida DUI
All DUI offenders must complete a term of monthly-reporting probation and enroll in substance abuse course.
Time served in inpatient rehabilitation can be counted toward required jail time.
Failure to complete substance abuse course or any required treatment results in driver’s license revocation.
The court can also order sobriety and drug monitoring program, which might include random testing and monitoring.
Standard probation conditions include:
Report monthly to probation officer
Submit to random drug and alcohol testing
Complete DUI school and treatment
Maintain employment
Pay all fines and court costs
No new law violations
DUI School Requirements Florida
DUI school completion is mandatory for all DUI convictions.
First offense DUI school:
DUI school with substance abuse evaluation and completion of any recommended follow-up treatment
Classes typically last 12 hours
Cost ranges from $250 to $500
Must be completed within specified timeframe
What DUI school covers:
Effects of alcohol and drugs on driving
Florida DUI laws and penalties
Substance abuse evaluation
Treatment referrals if needed
Victim impact panels
Completion certificate required for license reinstatement and to satisfy court orders.
Total Cost of Florida DUI Conviction
DUI penalties extend far beyond court fines—total financial impact typically ranges from $8,000 to $20,000 for first offenses.
Direct costs include:
Court fines: $500 to $1,000+
Court costs and fees
DUI school: $250 to $500
Substance abuse treatment
Attorney fees: $2,500 to $10,000+
Bail bond fees
Ignition interlock: $850 to $1,200 per year
Vehicle impoundment fees
Towing and storage
Indirect costs:
Increased insurance premiums—often 90% to 200% increases
FR-44 insurance for 3 years
Lost wages from jail time or court appearances
Potential job loss
Professional license impacts
Rideshare or taxi costs during suspension
FR-44 Insurance Requirements Florida
After DUI conviction, you must carry FR-44 insurance. This proves you carry minimum liability coverage required by law.
FR-44 requires higher liability limits than standard insurance:
$100,000 bodily injury per person
$300,000 bodily injury per occurrence
$50,000 property damage
FR-44 insurance typically costs significantly more than standard coverage. Your insurance company files the FR-44 form directly with the Florida DMV.
Expect to maintain FR-44 insurance for 3 years after conviction. If your policy lapses, the DMV suspends your license immediately.
Can You Expunge a Florida DUI Conviction
A DUI conviction remains on your criminal record indefinitely in Florida.
Expunging or sealing a DUI requires specific eligibility criteria, but a DUI conviction is generally a permanent record in the state.
A conviction of DUI will remain on your record for 75 years.
Florida does not allow sealing or expungement of DUI convictions except in very rare circumstances where:
Charges were dropped or dismissed
You were acquitted at trial
You completed a pretrial diversion program (rare for DUI)
Even if sealed, the conviction remains visible to:
Courts for sentencing purposes in future cases
Professional licensing boards
Law enforcement
Long-Term Consequences of Florida DUI
Employment impact: DUI conviction appears on background checks, potentially impacting job prospects
Professional licenses affected:
Medical licenses
Law licenses
Teaching certificates
CDL commercial driver’s licenses
Nursing licenses
Real estate licenses
Many professions require reporting DUI convictions to licensing boards.
Habitual Traffic Offender (HTO) status: Repeated DUI offenses can lead to HTO designation, resulting in 5-year license suspension.
Other impacts:
College admission complications
Housing application denials
Security clearance issues
Travel restrictions to some countries
Child custody considerations
Civil liability for damages caused
DUI Diversion Programs in Florida
Some Florida counties offer DUI diversion programs, which may result in reduction of charges, especially for first-time offenders.
Eligibility depends on the county, specific case details, and prosecuting attorney’s discretion.
First offenders may be eligible for diversion program in some jurisdictions. Diversion participants generally can avoid many consequences resulting from DUI conviction.
Diversion programs typically require:
Completion of extensive DUI education
Substance abuse treatment
Community service
Victim impact panels
Regular court check-ins
Payment of all fees and costs
Successfully completing diversion may result in charges being reduced or dismissed, though this is rare and not available in all Florida counties.
When Blood Tests Are Required in Florida DUI Cases
Although most DUI cases involve breath tests, urine or blood tests might be requested under certain circumstances.
When blood tests occur:
Suspect unconscious or unable to provide breath sample
Serious accident with injuries
Suspected drug impairment (not just alcohol)
Medical treatment makes breath test impractical
In crashes with injury or death, police can often get warrant allowing them to draw blood regardless of consent.
Police need warrant for forced blood draws except in exigent circumstances. Blood tests are more accurate than breath tests but take weeks for lab results.
Blood test results can be challenged based on:
Chain of custody issues
Lab errors or contamination
Improper storage
Delayed testing
Lack of proper warrant
What to Do If Stopped for Suspected DUI in Florida
At the traffic stop:
Pull over safely and quickly
Keep hands visible on steering wheel
Be polite and cooperative
Provide license, registration, and insurance when asked
What you must do:
Provide identification
Answer basic identity questions
What you can refuse:
Field sobriety tests are voluntary—you can refuse without automatic penalties
Answering questions about drinking (“Have you been drinking?” “Where are you coming from?”)
Searches of your vehicle without probable cause
If arrested:
Don’t answer questions about drinking—politely decline and request attorney
Request attorney immediately
Remember you have 10 days to request DMV hearing
Gather evidence like receipts, witness information, and relevant documentation
Don’t discuss your case publicly or post about arrest on social media
Should You Hire a DUI Attorney in Florida
You may want to hire attorney if you feel you were wrongfully charged, or if charges go beyond DUI due to accident or reckless endangerment.
Another reason to hire lawyer is because you have only 10 days from arrest date to apply for hardship license and work permit. This is critical if you want to avoid affecting your job and income.
Broward County prosecutors employ toxicologists, accident reconstruction specialists, and experienced attorneys focused exclusively on DUI cases. Attempting to defend yourself against this level of professional prosecution rarely succeeds.
An experienced defense attorney can challenge legality of traffic stop, accuracy of chemical tests, and whether constitutional rights were protected.
By filing motions to suppress evidence, questioning reliability of police procedures, and presenting expert testimony, a strong defense can weaken the state’s case.
Attorney fees typically range from $2,500 to $10,000+ depending on case complexity and whether you go to trial. Public defenders are available if you cannot afford private attorney.
How Florida DUI Enforcement Works in 2026
The Florida Highway Patrol and local law enforcement arrest over 33,000 drivers annually for DUI. Most arrests happen on I-95, I-75, and the Florida Turnpike during holiday enforcement periods.
Police must have probable cause to stop your vehicle. Common reasons include:
Swerving between lanes
Speeding or driving too slowly
Running red lights or stop signs
Equipment violations (broken taillight)
Traffic violations
After the stop, officers look for signs of impairment like bloodshot eyes, slurred speech, or alcohol smell.
Trenton’s Law shapes how prosecutors, judges, and law enforcement approach DUI cases. Even if this is your first DUI without serious accident, prosecutors may show less leniency reflecting the law’s broader crackdown.
Resources for Florida DUI Information
Florida Department of Highway Safety and Motor Vehicles
Phone: 850-617-2000
Website: flhsmv.gov
DUI information: flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid
Florida Highway Patrol
*FHP (347) from mobile phone for emergencies
Administrative Review Offices
Find your local office: flhsmv.gov/offices
Florida Statutes
Florida DUI law: Section 316.193, Florida Statutes
View at: leg.state.fl.us/statutes
Mothers Against Drunk Driving (MADD)
Victim services: 877-MADD-HELP
Website: madd.org
These resources provide official information about Florida DUI laws, license reinstatement, DUI school locations, and victim services.
This article provides general information about Florida DUI laws as of January 2026. It is not legal advice. Consult with a qualified Florida DUI attorney about your specific situation. Laws and penalties described here took effect October 1, 2025 under Trenton’s Law (HB 687).
About the Author
Sarah Klein, JD, is a former criminal defense attorney with hands-on experience in cases involving DUIs, petty theft, assault, and false accusations. Through All About Lawyer, she now helps readers understand their legal rights, the criminal justice process, and how to protect themselves when facing charges.
Read more about Sarah