Florida’s New 2025 DUI Refusal Law — What Gulf Coast Drivers Must Know

A Major Change to Florida DUI Law

Effective October 1, 2025, refusing a breath or urine test after a DUI arrest is now a criminal offense even on the first refusal. What used to be a civil penalty is now a second-degree misdemeanor, punishable by up to 60 days in jail and a criminal record.

This change affects drivers in:

• Escambia County

• Santa Rosa County

• Okaloosa County

• Walton County

What Exactly Changed?

Under updated sections 316.1932 and 316.1939:

First Refusal

• Now a second-degree misdemeanor

• Up to 60 days jail & $500 fine

• 1-year license suspension (still applies)

Second or Subsequent Refusal

• Now a first-degree misdemeanor

• Up to 1 year in jail & $1,000 fine

• 18-month suspension

Why This Law Matters

Prosecutors now treat first refusals as criminal cases, increasing:

• Pressure to plead

• Exposure to jail

• Risks of immigration consequences

• Collateral penalties (employment, security clearances)

How We Defend Refusal Cases

We investigate:

• Whether the officer properly read implied consent warnings

• Whether the stop and arrest were legal

• Whether refusal was actually a refusal (unclear speech, language barrier, asthma, anxiety, confusion)

• Whether video contradicts officer claims

FAQ

Can police withhold evidence until court?

Yes — and we use early discovery motions to force the release of footage and reports.

Are refusals beatable?

Many are. Body-cam inconsistencies and improper warnings are common.

Talk to a Defense Lawyer

If you or a loved one is facing a 2025 refusal charge, call for a free strategy session.