Tampa Breath Test Refusal Lawyer

Tampa Breath Test Refusal Attorney

There are severe risks to driving while intoxicated, including causing injury to yourself or others. This potential for catastrophic outcomes has resulted in the possibility of life-altering criminal penalties after a conviction. If you have been stopped by law enforcement under suspicion of a DUI, it is crucial that you understand which instructions to follow. A Tampa breath test refusal lawyer can explain your rights and defend you after an arrest.

Skilled DUI Defense Lawyer in Tampa, FL

The potential outcomes of a DUI conviction are immensely impactful. Seeking experienced legal representation can help you explore your options and determine how to reach a favorable outcome for your case.

Jeff Marshall Law has a long history of representing clients in Florida and along the Gulf Coast. Our team is recognized by local attorneys and judges for our proven results and tough fights. We are committed to aggressively defending our clients when they are facing DUI or breath test refusal charges.

Florida Implied Consent Law

In most instances, you are protected from self-incrimination through the Fifth Amendment of the U.S. Constitution. Though Florida law does generally require that you present your license, registration, and proof of insurance during a legal traffic stop, this amendment allows you to remain silent during interactions with law enforcement to avoid incriminating yourself.

You are not required to aid in the law enforcement officer’s investigation by answering questions; however, there are instances where you must comply with their requests to avoid additional criminal penalties during a DUI arrest. One request is submission to a chemical test, such as a breath, blood, or urine test, to determine blood alcohol content.

This requirement is stated in Florida’s implied consent law, Florida Statute 316.1932. A condition of being able to drive in Florida is acceptance of the implied consent law. If you have a driver’s license, you have given consent to take a breath or, if there was serious injury or death, a blood alcohol test to determine your intoxication status when arrested for a DUI.

It is important to note that the implied consent law only applies after you have been arrested for a DUI. This means that probable cause must exist for the DUI arrest before you can be penalized for a refusal.

Breath Test Refusal in Tampa

Though the implied consent law makes it lawful for the officer to request a chemical test to determine your blood alcohol content (BAC), it does not force you to submit to one. You have the right to refuse to take the test, and the officers cannot administer it without your consent. However, there are consequences to the refusal.

If you refuse the test, the officer is required to read you an implied consent warning that informs you of the law and potential consequences. Though you can still refuse, the consequences can be severe. They include:

• An immediate administrative suspension of your driver’s license. This suspension can only be challenged if you request a formal review hearing within ten days of the suspension and arrest.
• Felony arrest. As of October 1, 2025, refusing to take a chemical BAC test is no longer a civil infraction. With the passing of Senate Bill 138, or Trenton’s Law, a first-time refusal can be charged as a second-degree felony with a potential sentence of up to six months in jail and a fine of $500. A second or subsequent refusal could result in a separate charge that carries a potential sentence of 12 months in jail and a fine of $1,000.
• Consciousness of guilt. In a DUI trial, the prosecution is able to present to the jury that your refusal is an admission of guilt. They can claim you refused to take the test because you knew you were guilty.

Why Hire a Breath Test Refusal Lawyer With Jeff Marshall Law?

In the U.S., the average nationwide refusal rate for BAC tests was 24% in 2011. The refusal rate is much higher in Florida: between 2018 and 2022, the breath test refusal rate was roughly 35%. It is important that you speak to an experienced Tampa DUI attorney, regardless of your choice.

Jeff Marshall Law understands how to examine your case and look for ways to mitigate the potential consequences you face. Our compassionate, skilled team can handle your defense without judgment, allowing for a more positive experience while we fight the penalties and charges at hand.

FAQs

Q: What Happens if I Refuse to Take a Breath Test in Florida?

A: There are several potential consequences of refusing to take a breath test after a DUI arrest in Tampa, Florida. You will face an on-the-spot license suspension that requires a petition for a formal review to fight. As of October 1, 2025, you can also face felony charges in addition to any charges for the suspected DUI.

Q: Can I Change My Mind and Agree to the Breath Test?

A: You can change your mind and agree to take a breath test following a DUI arrest. If you recant your refusal within a reasonable amount of time, you may be able to argue for any alleged evidence of a refusal to be suppressed, causing the refusal charges to be dismissed. A skilled breath test refusal lawyer can help you make this argument in your defense.

Q: Can I Refuse to Take a Breath Test if I Have Not Been Arrested?

A: You are within your rights to refuse a breath test before you have been arrested and will not face criminal or civil consequences. You are also not required to participate in field sobriety tests. Implied consent laws apply once the officer has probable cause to believe you are driving while intoxicated and have been arrested for a DUI.

Q: Should I Refuse to Take a Breath Test in Florida?

A: Refusing to take a breath test is a personal choice that should be made after weighing the pros and cons. While refusing to take the test will prevent law enforcement and the prosecution from determining your BAC, other evidence can still be used to support a DUI arrest. Additionally, other criminal and civil penalties can result from the refusal.

Trusted Tampa Breath Test Refusal Lawyer

Tampa law enforcement patrols heavily for intoxicated drivers, especially in areas like Ybor City, Channelside, SoHo, Howard Avenue, and Kennedy Boulevard. If you or a loved one was stopped under suspicion of a DUI and refused a breath test, reach out to our office to schedule a consultation.

See Related Posts:

• Florida DUI Laws and Penalties
• How Much Does A DUI Cost in Florida?
• What to Do After a DUI Hit and Run Accident in Tampa, FL 2025