What happens if I decline to give a breath or urine sample?

Because all drivers in Florida have agreed to provide law enforcement officers a breath or urine sample when there is reasonable suspicion of DUI, refusing to comply with such a request comes with consequences. When a person declines to take a sobriety test, the officer will promptly take possession of the person’s driver’s license and give them a summons for DUI. That summons serves as the person’s license for 10 days, after which their driving privileges will be suspended unless they request a formal hearing with the Department of Highway Safety and Motor Vehicles. Once the 10-day period is up, or if there is an unfavorable ruling in the formal review hearing, the person’s driving privileges will be suspended for one year if they have never previously refused a sobriety test, and they will be unable to obtain a hardship license for 90 days. If the person has previously declined a sobriety test, their privileges will be suspended for 18 months. In addition, a subsequent refusal is considered a misdemeanor, which can result in separate charges alongside the DUI charge. It is important to note that a driver whose driving privilege has been suspended due to a breath reading above 0.08 or refusal to provide a breath sample might be eligible for an immediate hardship license if they give up their right to challenge the administrative suspension in a formal hearing. However, in general, this is not advisable.