What Happens If I Refuse the Urine or Blood Test in Florida?

May 23, 2025

Refusing a Drug or Alcohol Test in Florida Could Have Serious Consequences—Here’s What You Need to Know

If you’ve ever been pulled over for suspicion of driving under the influence in Florida, you’ve probably been asked to take a breath, urine, or blood test. But what happens if you refuse to take the test? I’m going to walk you through what Florida law says about refusing chemical tests, the consequences you might face, and why it’s critical to have a criminal defense attorney by your side to protect your rights.

As a criminal defense attorney in Florida, I’ve helped many clients facing DUI charges that involved a refusal to take a chemical test. Refusing the test doesn’t automatically make things better, but with the right legal strategy, it doesn’t have to mean the end of the road for your case either. Let’s break it down.

Florida’s Implied Consent Law: What Does It Mean for You?

Under Florida Statutes § 316.1932, Florida has an implied consent law. Essentially, if you are driving or in actual physical control of a vehicle within Florida, you’ve already consented to submitting to chemical testing if law enforcement has probable cause to believe you are under the influence of alcohol or drugs.

The law states:

“Any person who accepts the privilege extended by the laws of this state to operate a motor vehicle… is deemed to have given consent to submit to an approved chemical test of the person's breath, urine, or blood.”
— Florida Statutes § 316.1932(1)

This means that if you are lawfully arrested for DUI, police officers can require you to submit to a breath, urine, or blood test. The statute applies whether you are suspected of being impaired by alcohol or drugs (including prescription medications).

But, there’s an important caveat: refusing the test is still a choice. It’s a choice that comes with consequences, but it's your right to refuse.

What Happens if You Refuse the Test?

In Florida, refusing to take a breath, blood, or urine test after being lawfully arrested for DUI has serious consequences. Specifically, Florida Statutes § 316.1939 outlines what happens if you refuse:

First Refusal – Your driver’s license will be suspended for 1 year. The suspension is administrative, not criminal, meaning it is automatic and separate from the DUI charges.
Second or Subsequent Refusal – If you’ve previously refused a chemical test within the last 5 years, your driver’s license will be suspended for 18 months. This can lead to harsher penalties, especially if your prior refusal was associated with a prior DUI offense.

Additionally, your refusal to submit to testing can be used against you in court. The prosecutor may argue that your refusal implies guilt—that you refused the test because you knew you were impaired.

What Defenses May Apply?

Even though Florida law punishes test refusals, there are several legal defenses that can work in your favor:

Lack of Probable Cause – If the officer did not have probable cause to arrest you for DUI, then the refusal is not a legitimate basis for suspension or additional charges. I’ve seen cases where my clients were arrested without sufficient cause, and when we fought the legality of their arrest, the charges were dismissed.
Unlawful Detention – Sometimes, officers might not have the right to stop you in the first place. If the stop was unlawful, any subsequent refusal to take the test might not lead to consequences.
Medical Issues – If you are physically unable to provide a sample, for example, if you have a medical condition that prevents you from producing a urine sample, or if you were not medically capable of giving a blood sample at the time, this may be a valid defense.
Improper Test Administration – Even if you consented to the test, it’s possible that the test was improperly administered. This could involve issues with how the blood sample was taken or stored, or how the breathalyzer test was conducted.

I had a case once where my client was accused of refusing to take a breath test after being pulled over. However, after examining the evidence, I proved that the officer had failed to properly explain the consequences of the refusal, which resulted in the case being dismissed.

The Importance of Hiring an Attorney

Facing a DUI charge in Florida after refusing a test is serious. Not only could you lose your driving privileges, but you could face increased penalties if convicted. This is where having a private criminal defense attorney becomes crucial.

When you refuse a test, the prosecution will try to use that refusal against you in court. They might argue that it’s an admission of guilt. But an experienced lawyer can challenge that argument in several ways. We’ll evaluate whether the arrest was lawful, whether your refusal was coerced, and whether there was probable cause to stop or arrest you in the first place.

Your lawyer can also challenge the officer’s testimony, the legality of the suspension, and file motions to have evidence excluded if it was improperly obtained. A private attorney can also help you apply for a hardship license to drive while your case is pending.

Real-Life Example: Case Won After Refusal

Let me tell you about one case I worked on where my client was charged with DUI after refusing a chemical test.

My client was pulled over for erratic driving late at night. When the officer approached the vehicle, my client admitted to drinking but had a valid medical prescription for painkillers. The officer asked for a breath test, which my client refused. The officer then requested a urine test, which my client also refused. The officer immediately suspended my client’s driver’s license and made a DUI arrest based on the refusal.

I stepped in and immediately started reviewing the facts. First, I challenged whether the officer had probable cause to arrest my client. I examined the dashcam footage, which revealed that the officer had no concrete evidence of impairment beyond the admission of drinking. My client had not failed any field sobriety tests, and the officer did not adequately explain the implied consent law before the refusal.

After a careful review of medical records, it became clear that the prescription painkiller my client was taking would not have impaired their ability to drive. When we presented this evidence, we were able to get the charges reduced and avoid a long-term license suspension.

This example shows how vital it is to have a private attorney when you refuse a test. If we hadn’t intervened, my client would have been stuck with an automatic suspension and a potential DUI conviction. But with the right defense, we turned the case in our favor.

Why You Should Never Go Alone in a DUI Case

While refusing a test may seem like the easy way out, it can have long-lasting consequences if you don’t fight it properly. Florida’s DUI laws are complex, and every case is different. When you hire a private attorney, you get someone who will not only guide you through the legal system but will also fight to minimize the impact of that refusal. Whether it’s challenging the legality of your stop, the evidence against you, or working with the DMV to get you a hardship license, your lawyer will ensure you are protected every step of the way.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you’ve refused a urine or blood test in Florida and are facing DUI charges, you don’t have to go through this alone. The consequences can be severe, but with the right defense, you have options.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation – Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Refusing the Urine or Blood Test in Florida

What happens if I refuse to take a breath, urine, or blood test in Florida?
If you refuse a breath, urine, or blood test in Florida, your license will automatically be suspended for 1 year for a first refusal, or 18 months for a second or subsequent refusal within five years. This is separate from the DUI charges you may face. However, the refusal can also be used against you in court, where the prosecution may argue that your refusal indicates guilt.

Can I still be convicted of DUI without a test?
Yes, it is possible to be convicted of DUI without taking a chemical test. Law enforcement can still use other evidence, such as field sobriety tests, the officer’s observations, and your behavior during the stop, to support a DUI charge.

What if I was too sick to take the test?
If you were physically unable to take the test due to medical reasons, you might have a defense to the refusal. For instance, if you were too injured or impaired from a medical condition to provide a sample, your lawyer could use this as a defense to challenge the refusal charge.

Can I still apply for a hardship license if I refused the test?
Yes, you can apply for a hardship license after refusing a test. However, you’ll need to show that you meet the requirements and that you have a valid reason to be able to drive for work or other essential purposes. Your attorney can help you with this process and ensure you’re taking the right steps.

How long will my license be suspended if I refuse a test?
For a first-time refusal, your license will be suspended for one year. If it’s your second or subsequent refusal within five years, your license will be suspended for 18 months. You can still challenge these suspensions in court with the help of a private attorney.

Should I refuse a chemical test?
While you have the legal right to refuse, there are significant consequences to doing so. Refusing the test can lead to an automatic license suspension and could be used against you in court. Your attorney can help you understand the best course of action based on your specific circumstances.