A traffic stop on Highway 98, the Mid-Bay Bridge, or anywhere along the Emerald Coast can change quickly. One moment, a driver is heading home from dinner in Destin. Next, an officer is asking for a breath sample. The decision that follows used to be straightforward for many people. Refuse the test, accept the license suspension, and the State would have less evidence to work with. That advice no longer holds.
On October 1, 2025, Florida changed the rules. Refusing a breathalyzer in Florida is now a criminal offense, not only an administrative one. For Okaloosa, Walton, and Santa Rosa County drivers, the calculation behind that roadside choice has shifted in ways many people have not caught up to. What follows is what the law says today, what a refusal costs in 2026, and the narrow circumstances where refusal may still make sense.
The Rule That Changed on October 1, 2025
The Florida Legislature passed House Bill 687, known as Trenton’s Law, in 2025. It took effect on October 1 of that year. The law is named for Trenton Stewart, an 18-year-old killed in a 2023 crash by an impaired driver with a prior fatal-crash history. The bill increased penalties for repeat DUI manslaughter and vehicular homicide convictions, and it amended Florida Statute §316.1939 to reclassify breath and urine test refusals.
Before the change, a first-time refusal was handled administratively. A driver lost their license for a year, but no separate criminal case followed. A second refusal could be charged as a misdemeanor, though that was the exception rather than the rule.
Under the current law, every refusal of a lawful breath or urine test after a DUI arrest is a criminal misdemeanor. The administrative license suspension still applies on top of the criminal charge. Officers are now required to warn drivers, before requesting the test, that refusal carries criminal consequences and not only license consequences.
What Refusing a Breathalyzer in Florida Costs You Today
A refusal in 2026 triggers three separate consequences that run on parallel tracks. The administrative case at the Florida Department of Highway Safety and Motor Vehicles begins immediately. The criminal refusal charge moves through county court. And the underlying DUI investigation continues, regardless of whether a breath sample was given. The firm covers the full DUI defense process on its dedicated DUI Defense Attorney page.
The criminal penalties for the refusal itself break down as follows.
| Offense | Classification | Max Jail | Max Fine | License Suspension |
|---|---|---|---|---|
| First refusal | Second-degree misdemeanor | 60 days | $500 | 1 year |
| Second or subsequent refusal | First-degree misdemeanor | 1 year | $1,000 | 18 months |
Two details about that first-refusal entry deserve attention. Florida judges can no longer withhold adjudication on a refusal conviction, which means a driver with no prior record receives a true criminal conviction rather than a withheld judgment. And the criminal refusal charge stands separately from the DUI itself. A driver can beat the DUI at trial and still face conviction on the refusal.
On the administrative side, the license is taken at the scene. The driver receives a temporary 10-day permit and must request a formal review hearing within those 10 days to contest the suspension. Missing that window forfeits the right to challenge the administrative case entirely. The firm has covered this critical deadline in detail in its post on the Florida DUI 10-Day Rule.
If you have already refused a breath test in Okaloosa or Walton County, the 10-day clock is running. Contact Lupella & Rehr as soon as possible to preserve your right to a formal review hearing.
The Implied Consent Warning and Why It Matters More Than Ever
Florida operates under an implied consent law. Every driver who accepts a Florida driver’s license agrees in advance to submit to a lawful breath, blood, or urine test after a DUI arrest. That principle is not new. What is new is the warning officers must read before requesting the test.
Under Trenton’s Law, the implied consent warning must now tell the driver that refusing is a criminal offense in addition to the administrative license suspension. The exact wording is prescribed by statute. If an officer reads an outdated version, skips part of the warning, or reads it after the refusal has already been made, the criminal refusal charge may be vulnerable to a motion to suppress. Body camera and dash camera footage from the stop is often the deciding piece of evidence in these challenges.
Is Refusing Ever the Right Call Now?
The honest answer is that the math has changed. Before October 2025, refusing was often a defensive move. Without a BAC reading above 0.08, prosecutors had to build a DUI case on field sobriety performance, officer observations, and video. Many cases got pleaded down or dismissed because that evidence was thin.
Today, a refusal hands prosecutors a second criminal charge they can use as leverage. A driver who would have faced one misdemeanor DUI count now faces two charges, and the refusal count is hard to plead away because adjudication can no longer be withheld. For most first-time drivers with no priors, taking the test is often the less damaging choice.
There are still situations where refusal may be defensible after careful thought:
- A driver with prior DUI convictions where a high BAC reading would trigger enhanced penalties or mandatory minimums.
- A commercial driver whose career depends on a clean record and who faces career-ending consequences from any recorded BAC over the legal limit.
- A driver with documented medical or dental conditions that may produce unreliable breath test results.
- A driver who has reason to believe the breath testing machine has not been properly maintained or calibrated.
Even in those situations, the decision is rarely a clean win. Refusal does not stop the DUI investigation. Officers can still rely on dashcam footage, bodycam audio, field sobriety performance, and any incriminating comments the driver makes during the stop. Florida law does not give drivers the right to consult an attorney before deciding whether to submit to the test. That decision has to be made in real time, under stress, without counsel.
What This Means for Military Personnel at Eglin and Hurlburt
A meaningful share of DUI stops along Highway 98 and around Fort Walton Beach involve active-duty service members from Eglin Air Force Base and Hurlburt Field. For those drivers, the new refusal law adds a layer of risk that civilians do not face. A criminal misdemeanor conviction for refusal can trigger UCMJ exposure independent of any DUI charge, and command notification is automatic for arrests on federal property.
A conviction can also prompt a review of a service member’s security clearance under Security Executive Agent Directive 4, particularly the personal-conduct and financial-considerations guidelines. A driver in this position should speak with civilian defense counsel familiar with both Florida criminal law and the collateral military consequences before making any statements or accepting any plea offer. The firm maintains dedicated practice pages covering military personnel arrested in the area and DUI defense at Eglin AFB and Hurlburt Field.
What to Do If You Already Refused
Drivers who have already refused a breath test in the Emerald Coast area should take a few practical steps right away. The administrative case and the criminal case run on different schedules, and missing a deadline on either side narrows the options available later.
Request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles within 10 days of the arrest. Avoid discussing the stop with investigators without counsel present. Preserve every document and notice received at the scene, and write down everything remembered about the stop. Most importantly, contact a defense attorney early. The window for the strongest pretrial motions is widest in the first few weeks, and evidence preservation requests become harder to win as time passes.
Arrested for DUI or breath test refusal in Fort Walton Beach, Destin, or Crestview? The defense team at Lupella & Rehr has handled these cases in every courthouse along the Emerald Coast. Early action protects more options.
Frequently Asked Questions
Can you still refuse a breathalyzer in Florida?
Yes, a driver can physically refuse the test. Officers cannot force a breath sample for a standard DUI stop. The change brought by Trenton’s Law is what happens after the refusal. The refusal is now its own criminal misdemeanor, in addition to the one-year license suspension that already applied. Drivers retain the physical ability to refuse but face stiffer legal consequences for doing so.
What is the difference between a roadside portable breath test and the station breathalyzer?
The handheld portable breath test, often used at the scene before an arrest, is a screening tool. It is not the test covered by Florida’s implied consent law, and refusing it does not trigger the same penalties. The evidentiary breath test administered after the arrest, usually at the police station or a mobile testing unit, is the one covered by the implied consent statute and the criminal charge for refusal.
Can a refusal charge be dismissed if the officer read the warning incorrectly?
Often, yes. The implied consent warning must be read accurately and completely before the test request. If body camera footage shows the officer skipped a section, read outdated language, or asked for the test before delivering the warning, the criminal refusal charge can be challenged through a motion to suppress. The administrative suspension is subject to a similar standard at the formal review hearing.
Does refusing the breath test prevent a DUI conviction?
No. A refusal removes one piece of evidence, but prosecutors can still build a DUI case using dashcam and bodycam footage, field sobriety performance, officer observations, witness statements, and any admissions made during the stop. The refusal itself can also be introduced at trial as evidence that the driver believed they would fail the test. Drivers should not assume refusal makes the DUI case go away.
Talk to a Northwest Florida DUI Defense Lawyer Today
Breathalyzer refusal cases in Florida are more complicated than they were a year ago, but they are still defensible. The team at Lupella & Rehr brings decades of combined courtroom experience to DUI and refusal cases throughout Okaloosa, Walton, and Santa Rosa Counties.
Call 850.362.6655 for a confidential consultation, or reach Lupella & Rehr through the firm’s Fort Walton Beach DUI defense page. The first call is free, and the clock is already running.