Refusal to submit to testing — qualifying repeat refusal
Florida Statute § 316.1939
Summary verified against the 2026 Florida Statutes: October 7, 2026.
Quick Summary
For this first-degree misdemeanor track, establish a qualifying prior refusal suspension OR prior fine under §327.35215, together with DUI probable cause, lawful arrest unless the specified implied-consent exception applies, a lawful breath/urine request, the required suspension and criminal warnings, and refusal after those warnings. Obtain the actual prior record; a prior DUI conviction alone does not establish a prior refusal. A first qualifying refusal is separately a second-degree misdemeanor. Administrative and criminal dispositions are independent; blood-test requests require separate test-specific analysis and are not automatically criminal under this breath/urine provision.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- DUI / Implied Consent
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor
- Degree
- 1st Degree
- Points
- 0
- Fine / Penalty
- Court determined; statutory mandatory minimums/surcharges may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Yes
- NTA Eligible
- Potentially — Rule 3.125; subject to exceptions and traffic-specific procedure
- Custodial Arrest
- Yes — NTA may be an alternative when legally/procedurally authorized
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.
Offense Guidance
Offense Guidance
A lawful breath/urine refusal charge requires DUI probable cause, lawful arrest unless the specified implied-consent exception applies, the required suspension and criminal-penalty warnings, and refusal after the request and warnings. Under current law, a first qualifying refusal is also criminal; a qualifying prior refusal suspension or boating-refusal fine supports the enhanced track. Document the lawful test basis, exact warnings, response, and prior record. This provision does not make every refusal of any test criminal; blood requests and the test-specific implied-consent rules require separate analysis.
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