Florida criminal charge
Refusal to submit to testing; penalties in Florida
Refusal to submit to testing; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 316.1939. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 316.1939.
What is the penalty for refusal to submit to testing; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (First refusal to submit to testing — Applies when a person, after being informed of the consequences, refuses for the first time to submit to a lawful breath or urine test after being lawfully arrested and having probable cause established for DUI.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (First refusal to submit to testing — Applies when a person, after being informed of the consequences, refuses for the first time to submit to a lawful breath or urine test after being lawfully arrested and having probable cause established for DUI.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Second or subsequent refusal to submit to testing — Applies when the person's driving privilege has been previously suspended, or the person previously fined, for a prior refusal to submit to a lawful breath, urine, or blood test, and the person again refuses testing.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Second or subsequent refusal to submit to testing — Applies when the person's driving privilege has been previously suspended, or the person previously fined, for a prior refusal to submit to a lawful breath, urine, or blood test, and the person again refuses testing.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is refusal to submit to testing; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First refusal to submit to testing | Misdemeanor of the Second Degree | Applies when a person, after being informed of the consequences, refuses for the first time to submit to a lawful breath or urine test after being lawfully arrested and having probable cause established for DUI. | Fla. Stat. § 316.1939(1) |
| Second or subsequent refusal to submit to testing | Misdemeanor of the First Degree | Applies when the person's driving privilege has been previously suspended, or the person previously fined, for a prior refusal to submit to a lawful breath, urine, or blood test, and the person again refuses testing. | Fla. Stat. § 316.1939(1) |
Common questions about refusal to submit to testing; penalties in Florida
Is refusal to submit to testing; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: refusal to submit to testing; penalties ranges from a Misdemeanor of the Second Degree to a Misdemeanor of the First Degree in Florida under Fla. Stat. § 316.1939.
First refusal to submit to testing: Misdemeanor of the Second Degree (Fla. Stat. § 316.1939(1)) · Second or subsequent refusal to submit to testing: Misdemeanor of the First Degree (Fla. Stat. § 316.1939(1))
What are the penalties for refusal to submit to testing; penalties in Florida?
Penalties for refusal to submit to testing; penalties in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Misdemeanor of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers refusal to submit to testing; penalties?
Refusal to submit to testing; penalties is governed by Fla. Stat. § 316.1939 (Refusal to submit to testing; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.