Clearwater Breath Test Refusal Lawyer
Refusing a breath test in Clearwater can feel like you’re making the right call in the moment, especially if you’re nervous, confused, or not sure what your rights are. But under Florida’s implied consent law, that refusal comes with serious consequences. Your driver’s license may be automatically suspended, and your refusal can still be used against you in court.
How Florida law treats breath test refusals
Florida law says that by driving a motor vehicle, you agree in advance to submit to a breath, blood, or urine test if a law enforcement officer suspects you of drunk driving. This is called implied consent. If you refuse, your license will be suspended—even if you’re not convicted of DUI. A first offense leads to a one-year suspension. A second refusal becomes a criminal case and can be charged as a first degree misdemeanor.
Refusing a breath test doesn’t make your DUI case go away. In fact, prosecutors may argue that your refusal is proof of guilt. And if this isn’t your first DUI arrest, the state attorney’s office may push for tougher DUI penalties, including jail time and mandatory DUI school.
What happens after a refusal in Pinellas County
In Clearwater and across Pinellas County, breath test refusals often trigger immediate administrative actions from the Florida Department of Highway Safety and Motor Vehicles. You’ll lose your driving privileges right away unless you request a formal review hearing within 10 days of your arrest.
We’ve worked with clients arrested along Gulf-to-Bay Boulevard, US 19, and even near Clearwater Beach—many of whom refused a breathalyzer test without realizing the fallout. They didn’t know they had only days to act. They didn’t realize the refusal could become its own charge. And they didn’t expect how much it could impact their ability to work, drive, or even keep their professional license.
Why your case still has a fighting chance
Just because you refused a breath test doesn’t mean your case is hopeless. An experienced criminal defense attorney can challenge whether the officer had reasonable suspicion to stop you in the first place. They can review how the implied consent warning was given, whether the field sobriety tests were done properly, and whether your refusal was legal under Florida statutes.
In many cases, breath test refusals happen because the person was overwhelmed. Maybe you didn’t understand what the officer said. Maybe you weren’t given the chance to speak to a lawyer. Maybe you were afraid that the breath sample would be used unfairly. These are all issues that can be raised in your defense.
With the right DUI lawyer, you may be able to protect your driving record, reduce your suspension time, or even avoid a DUI conviction entirely.
Don’t let one decision define your future
A breath test refusal doesn’t mean you’re guilty of drunk driving. But without the right legal support, that one decision can lead to months of hardship. From license suspension to formal review hearings to DUI school, the consequences stack up fast. And if this is your second or third DUI, the stakes are even higher.
You still have options. You still have rights. And you still have time to fight back.
Talk to Hersem Law about your Clearwater DUI breath test refusal
If you’ve refused a breath test and are now facing a license suspension or DUI charges, Hersem Law can help. We know the local courts, the state attorney’s office, and the real-life challenges that follow a DUI arrest. Schedule your free consultation with a Clearwater breath test refusal lawyer who will take the time to listen, explain, and build a strategy that protects your future.
Frequently asked questions
What is Florida’s implied consent law
It’s a law that says anyone who drives a motor vehicle in Florida automatically agrees to submit to a breath, blood, or urine test if suspected of DUI. Refusing the test violates this law and leads to automatic license suspension.
Can I fight the license suspension after refusing a breath test
Yes. You have 10 days from the date of your DUI arrest to request a formal review hearing through the Florida Department of Highway Safety. If you miss this deadline, your suspension goes into effect.
What are the penalties for refusing a breath test in Clearwater
For a first offense, your driver’s license can be suspended for one year. A second refusal is a criminal offense and could lead to jail time and a separate first degree misdemeanor charge.
Will I still have to attend DUI school
Most likely, yes. Florida law often requires drivers who refuse a breath test to complete DUI school before qualifying for a hardship license or reinstating their full driving privileges.
Can I get a hardship license after refusing a breath test
Possibly. If this is your first offense and you act quickly to request a hearing and enroll in DUI school, you may qualify. A DUI attorney can help you understand your eligibility and guide you through the process.
Does refusing the test mean I’ll be convicted of DUI
Not necessarily. Refusal alone isn’t enough for a conviction. But prosecutors can use your refusal as evidence. That’s why it’s critical to have a Clearwater DUI attorney who can challenge the evidence and fight for the best outcome in your case.
