Refusing a breath or urine test after a Tampa DUI arrest used to cost you only your license. As of October 2025, a refusal could also be a crime. If you declined testing, a Tampa DUI refusal lawyer at Metcalf Falls, Criminal Defense Attorneys, P.A. can explain exactly what you are facing on both the criminal and license sides. Attorney Brett Metcalf is a former Hillsborough County prosecutor who knows how the State uses a refusal to build its case, and where that case can be challenged.
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What Florida’s Implied Consent Law Requires
Under Florida’s implied consent law, Fla. Stat. 316.1932, driving in the state counts as an advance agreement to submit to a lawful breath, blood, or urine test after a DUI arrest. Before treating a refusal as a refusal, an officer has to lawfully arrest you and read the implied consent warning. That warning must now state that refusing is a criminal offense, not just a reason to suspend your license. You can still say no, but the consequences have changed.
The Penalties for Refusing a Test in Florida
A refusal now carries two separate sets of consequences, and they run on different tracks. One is administrative, handled by the state’s driver-license agency. The other is criminal, handled in court.
The Criminal Charge Under Trenton’s Law
Known as Trenton’s law, a first refusal of a breath or urine test is a second-degree misdemeanor. That means you could face up to 60 days in jail and a fine of up to $500. Subsequent refusals can be first-degree misdemeanors, punishable by up to a year in jail. Those charges can stack on top of any penalties you earn with a DUI conviction.
The Administrative License Suspension
Refusing triggers an automatic suspension of your driver’s license through the Department of Highway Safety and Motor Vehicles under Fla. Stat. 322.2615:
- A first refusal is a 1-year suspension, with no hardship license available during the first 90 days.
- A second or subsequent refusal is an 18-month suspension.
You have only 10 days from the date of arrest to request a formal review that can challenge this suspension. If you make that request in time, you are issued a temporary permit that generally lasts until the hearing. Because this deadline is so short, the separate administrative license suspension case is often the first thing we address.
What Happens After You Refuse a Test in Tampa
After a refusal and arrest, you are booked into the Hillsborough County Jail on Orient Road or at the Falkenburg Road facility, and you typically see a judge for a first appearance within 24 hours. Two clocks start at the same time. One is the 10-day window to fight the license suspension with the DHSMV. The other is the criminal case, which for a misdemeanor DUI runs through the Hillsborough County Court, or through the Circuit Court at the George E. Edgecomb Courthouse if the charge is a felony DUI. We handle both tracks together so neither deadline slips.
How We Defend a DUI Refusal Case
A refusal is not automatic proof of guilt, and the State still has to justify how the stop, the arrest, and the request for testing were handled. We look for the points where that chain breaks down.
We Challenge Whether the Stop Was Lawful
Every DUI begins with a stop, and the officer needed a lawful reason for it. If the stop was not supported by reasonable suspicion, we can move to suppress everything that followed, including the refusal.
We Question Whether the Warning Was Proper
A refusal only counts if the officer lawfully arrested you and read the implied consent warning correctly, including the criminal-penalty language the law now requires. When the request or the warning falls short, the refusal may not stand.
We Examine Whether You Actually Refused
Confusion, a language barrier, a medical condition, or an officer who cut the process short can all be written up as a refusal when the facts are more complicated. We review the video and the officer’s report closely and press on the gap between what happened and what the report claims.
Why Choose Metcalf Falls
When you hire Metcalf Falls, you work directly with a dedicated Tampa DUI attorney, not a rotating cast of staff. Attorney Brett Metcalf is a Tampa native and former Hillsborough County prosecutor who tried more than 100 cases to verdict before founding the firm. He understands how the State Attorney’s Office treats a refusal and where its proof tends to be thin, and he defends these cases aggressively while keeping you informed at every step. A refusal case rewards early, careful work, and the sooner we start, the more options you may have.
Tampa DUI Refusal FAQs
What happens if you refuse a breathalyzer in Florida?
You face two consequences. Your license is suspended for 1 year on a first refusal (18 months on a later one) under Fla. Stat. 322.2615, and, for refusals on or after October 1, 2025, you can be charged with a criminal misdemeanor under Fla. Stat. 316.1939.
Is refusing a breath test a crime in Florida?
Yes, as of October 1, 2025. Under Trenton’s Law, a first refusal is a second-degree misdemeanor and a second or subsequent refusal is a first-degree misdemeanor. Before that date, a first refusal was only an administrative license matter.
Can you fight a DUI refusal suspension in Tampa?
You can, but the deadline is short. You have 10 days from your arrest to request a formal review with the DHSMV. At that hearing, the suspension can be challenged on issues such as the legality of the stop, the arrest, and whether the warning was properly given.
Does refusing help my DUI case?
Not necessarily. Prosecutors can argue that a refusal shows awareness of guilt, and you still face the license suspension and, now, a possible criminal charge. Whether a refusal helps or hurts depends on the specific facts, which is worth reviewing with a lawyer.
Talk to a Tampa DUI Refusal Lawyer Today
The sooner you act, the more options you have, and the 10-day license deadline does not wait. Contact Metcalf Falls at (813) 258-4800 for a free, confidential consultation and let us start building your defense on both the criminal charge and your license.
