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New Florida Law: Refusing to Blow is Now a Crime, Even the First Time

  • Writer: Michael V. Leeman
    Michael V. Leeman
  • Feb 26
  • 1 min read

Refusing to submit to a breath test during a DUI stop in Florida can now land you in jail. Florida recently passed a law that makes refusing to "blow" a second-degree misdemeanor punishable by up to 60 days in jail. Previously, criminal charges for refusing to submit to a breath test could only be brought against someone with a history of one or more refusals. The new law applies to everyone, whether you have refused to blow in the past or not, and regardless of whether you are ultimately cleared of a DUI charge.


Police cars with flashing red and blue lights speed down a highway lined with trees at sunset. The word "POLICE" is visible on the car.
Police cruiser at DUI stop on Florida highway

A second-degree misdemeanor can be costly, both to your pocketbook and to your freedom. It carries potential penalties of:


  • Up to 60 days in jail

  • Fines up to $500

  • Participation in mandatory DUI education or treatment programs, at your own expense


If you or someone you know faces charges related to a DUI or a breath-test refusal, call the Law Office of Michael V. Leeman, PA today for a free consultation. We can help determine the best course of action to fight back and protect your rights. Call today: (239) 281-0896


The Law Office of Michael V. Leeman, PA is a boutique criminal defense

firm serving all of Southwest Florida. Our practice is 100% dedicated to criminal defense, and we are singularly focused on providing honest advice and an aggressive defense to those accused of crimes in Southwest Florida.


 
 
 

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