What happens if I refuse a breath test in Florida?Return to Video FAQs
If you refuse a breath test in the state of Florida, a prosecutor is allowed to use that as evidence of consciousness of your guilt. And that’s typically the type of argument that they would make. There are also circumstances under which if you refuse to provide a breath sample in a DUI case, that may actually constitute an additional crime. So if you have refused a breath test, or you’re considering refusing a breath test, I certainly recommend that you contact an attorney immediately.