Update June 13, 2019: In 2014, NHTSA research incorrectly found that as of 2011, Florida had the nation’s highest refusal rate at eighty-two percent. See Esther S. Namuswe, Heidi L. Coleman & Amy Berning, Breath Test Refusal Rates in the United States–2011 Update Report No. DOT HS 811 881, National Highway Traffic Safety Administration 1, […]

In order to discourage individuals from refusing to submit to a chemical test during a DUI investigation, the Florida legislature created a separate crime for a second refusal. The Florida legislature reasoned that without the legislation, people might be encouraged to refuse a breath test after an arrest in order to avoid a DUI conviction. […]