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If you are arrested for a drunk driving in Florida, you cannot refuse to take a breath, urine, or blood test. If you refuse to take these tests, it will be used as evidence against you during your criminal charges. In addition your driver's license will be suspended if you refuse to take the test.
Many attorneys recommend that clients refuse to take a breath or blood test when they are accused or suspected of driving under the influence for the first time in Florida. If you agree to take the test and fail, you will lose your license. In addition, the prosecutor can use this evidence to prove that your blood alcohol level was above the legal limit at the time you were stopped. A score of .08 or higher on a blood or breath test is considered above the legal limit in Florida. In the alternative, if you refuse to take a breath or blood test pertaining to your blood alcohol level, the following may occur: If you have never previously refused such a test, you may have your license suspended administratively for one year. If you have previously refused a test, you may be charged with a misdemeanor.