In October 2025, Florida made refusing a breathalyzer a crime. Many drivers are unaware they can now face criminal charges independently of a DUI.

Many attorneys are not fully aware of how it's being charged and prosecuted, but Moser Law is. Call (904) 420-1071 for a free consultation.

Under Florida's 2025 law change, refusing to submit to a breath, blood, or urine test is now a second-degree misdemeanor criminal charge, not just a civil license suspension. If you've been charged with refusal in St. Johns County, Duval County, or anywhere in Northeast Florida, you are facing a criminal conviction on your record, not just a DMV issue.

Inside a car at night showing the dashboard, steering wheel, and blurred city lights outside through the windshield.

Explanation of the charge:

- A second-degree misdemeanor carries a maximum of 60 days in jail and a $500 fine.

- This charge is separate from any DUI charge; both can result in convictions.

- It will appear on your criminal record.

- It may affect employment opportunities, professional licenses, and background checks.

How I defend it:

Was the initial stop lawful?

Were your implied consent rights clearly explained?

Was the request for a test legally justified?

Did any medical or physical conditions impact your ability to comply?