Florida DUI Refusal Lawyer, Defending Your Rights, Freedom, and Future

If you are driving in Florida and get pulled over by law enforcement, you may be requested to take a DUI test using blood, breath, or urine. Even if the traffic stop seems questionable or you feel completely sober, refusal to take a DUI chemical test is admissible as evidence in Florida DUI criminal proceedings.

If you are facing criminal charges for refusing a DUI test, you should not represent yourself. The Kessler Law Firm has over four decades of experience as a Florida DUI refusal lawyer and can protect your rights and future. As a board-certified criminal trial lawyer, Michael Kessler will aggressively advocate for your license and freedom.

Florida’s Implied Consent Law

Florida drivers are subject to the state’s implied consent law. It’s even printed on every Florida driver’s license: “Operation of a motor vehicle constitutes consent to any sobriety test required by law.”

What this means is that your consent to a blood, breath, or urine test is automatically assumed if you are arrested for DUI.

First-Time Offenses and Trenton’s Law

Under prior Florida law, DUI test refusals for first-time offenders were purely an administrative matter. Your driver’s license would be suspended, but there were no criminal prosecutions. Refusing to take a DUI test would only become a criminal matter if you refused a second or subsequent time.

Trenton’s Law went into effect in Florida on October 1, 2025. First-time offenses after this date can now lead to criminal charges, as refusing a lawful breath or urine test is a second-degree misdemeanor. Penalties can also include up to 60 days in jail, probation, fines, and community service in addition to the original administrative license suspension.

DUI and Refusing a Chemical Test

Under Trenton’s Law, you can now face both DUI charges plus criminal charges for DUI test refusal. Prosecutors can treat the refusal of a test as a crime in and of itself.

Trenton’s Law and Repeat Offenses

If you refuse to take a lawful breath or urine test a second or subsequent time, or have prior DUI-related license suspensions, you can be charged with a first-degree misdemeanor. Similar to first-time offenses, refusing a chemical test is treated as a separate criminal charge if it occurred after October 1, 2025.

Why Choose Kessler Law Firm?

Facing DUI refusal charges can feel like your entire life is on hold. The Kessler Law Firm understands the gravity of the situation and is here to advocate for you.

Florida DUI lawyer Michael Kessler is a proven attorney with over 40 years of criminal defense experience throughout the Treasure Coast. Michael’s reputation as a relentless advocate for his clients is demonstrated in the results. When the stakes are high, the Kessler Law Firm provides keen, comprehensive representation with defense strategies uniquely tailored to your case.

Whether it’s challenging faulty breathalyzer results or dismantling weak prosecutions, the Kessler Law Firm will fight for you when your future is on the line.