After a lawful DUI arrest, an officer has the required grounds, requests a lawful breath test and gives the required suspension and criminal-penalty warnings. A driver with no prior refusal then refuses. What consequences apply?

Correct answer: A one-year suspension and a second-degree misdemeanor.

Why

The stated first lawful breath-test refusal leads to a one-year administrative suspension and is a second-degree misdemeanor. Florida added the first-refusal criminal offense effective October 1, 2025. A qualifying repeat refusal carries an 18-month suspension and a first-degree misdemeanor. The officer must satisfy the legal grounds, arrest and warning requirements. Administrative review rights exist, and the administrative and criminal proceedings are separate. This lesson concerns an evidentiary breath test after arrest; it does not state that every roadside exercise or every blood-test request has the same refusal rule.

Verified against Official Florida Driver License Handbook · First lawful breath-test refusal · p. 34