Adam Rossen is the CEO and Founding Attorney of Rossen Law Firm, a renowned criminal defense practice serving Miami-Dade, Broward, and Palm Beach counties. With nearly two decades of experience and a background as a former prosecutor, Adam has built a powerhouse legal team dedicated to defending good people facing challenging situations. Under his leadership, Rossen Law Firm has grown from a solo practice to a six-attorney firm with over 20 employees, earning recognition as one of the fastest-growing law firms in the U.S.
If you’re pulled over for DUI in Florida and think refusing the breath test will save you, think again.
Starting October 1, 2025, refusing a breathalyzer, even for the first time, is no longer just a traffic infraction. It becomes a criminal misdemeanor with real consequences.
As a criminal defense attorney who’s handled over 700 DUI cases, I want you to hear this from me: This new DUI law changes everything for anyone facing DUI charges in Florida. And if you're not prepared, it could cost you your future.
Let’s break it down.
First-Time DUI Breath Test Refusal Is Now a Crime in Florida
For years, if you refused a breath test during a DUI stop and it was your first time doing so, it was treated as a civil infraction—your license might be suspended, but you wouldn’t be facing criminal charges.
But under the new law taking effect October 1, that’s no longer true.
What’s new?
First-time DUI breath test refusals will now be treated as a first-degree misdemeanor in Florida.
This means:
- You can be arrested
- You could face up to one year in jail
- You may be fined up to $1,000
- You’ll have a criminal record, even without a DUI conviction
This is a massive shift in Florida DUI law—and a powerful new tool for law enforcement and prosecutors. And it makes your decision to hire an experienced DUI attorney more critical than ever.
Why Florida Changed Its DUI Laws
These new penalties were signed into law by Governor Ron DeSantis following strong bipartisan support and advocacy from Mothers Against Drunk Driving (MADD) and other public safety groups.
Their goal? To crack down on repeat DUI offenders and increase accountability—especially for drivers who try to “game the system” by refusing breath tests to avoid prosecution.
The legislature passed these measures to:
- Create criminal consequences for first-time refusals
- Align DUI manslaughter with similar vehicular homicide laws
- Prevent defendants from dodging accountability through legal loopholes
From a legal perspective, this signals Florida’s shift to a more prosecutor-friendly approach to DUI enforcement.
What This Means for Drivers in Florida
As someone who’s practiced DUI defense across Florida for nearly two decades, I can tell you: this new law will result in more arrests, more prosecutions, and higher stakes for drivers pulled over under suspicion of DUI.
Whether you're in Fort Lauderdale, Boca Raton, Miami, or anywhere in South Florida, here’s what you need to know:
If You Refuse a Breath Test (Even Once), You Now Face:
- Jail time
- A criminal conviction
- Higher fines
- A much harder case to defend
And you still face your original DUI charges on top of that.
That’s why you need to act immediately if you're arrested or being investigated for DUI. There’s no room for error.
What Should You Do If You’re Pulled Over For a DUI?
Here's my advice as a Florida DUI defense attorney:
- Stay calm and respectful
- Do not admit to drinking or using drugs
- Know your rights, but also understand the risks
- Call a defense attorney immediately if you’re arrested
And remember: Refusing a breath test is now a criminal offense.
Let’s Talk About Your Defense Strategy
I founded Rossen Law Firm to help good people when bad things happen. We’ve defended over 700 DUI cases across South Florida and helped thousands of clients protect their records, careers, and futures.
Now more than ever, you need a DUI lawyer who knows how to:
- Challenge unlawful breath test refusals
- Fight unconstitutional traffic stops
- Expose weaknesses in the prosecution strategy
- Protect you from mandatory minimum sentences
We don’t plead cases out unless it’s the absolute best option. We investigate, we challenge, and when needed, we go to trial, because your future is worth fighting for.
Call Now If You’ve Been Arrested for DUI in Florida
These new laws take effect on October 1, 2025, and they’re already changing how DUI cases are handled across the state. If you, or someone you love, has been arrested for DUI, don’t wait.