If I am stopped, do I have to take the breath test?


Florida law requires that if you're arrested for driving under the influence that you have what's called impliedly consented to take the test, now if you don't take the test and it's your first time that you've refused, that comes with an administrative suspension of 12 months.

If there is a prior refusal on your record and you've refused a breath or blood test or urine test a second time, that's an 18-month suspension of your license. You will get no hardship license during that 18 months, and they can also prosecute you as a first-degree misdemeanor for a second refusal. Florida law also requires, it's one of the few states that allows you to recant a refusal.

In other words, if you've initially refused a breath test, now that you've thought about it for a little bit and you thought, "Well, I'll go ahead and take the test," you need to tell the police officer under those circumstances that you want to take the test and somehow document that that happened and you can save your license suspension under those circumstances.
But whether you have to or not is already written in the law. Yes, you do have to, if you don't, it comes with some penalties.