Under Florida's implied consent law, samples of blood, breath, and/or urine are permitted to be tested to determine the BAC content of suspected drunk drivers.  One or more samples of your breath, blood or urine are permitted to be taken at the direction of law enforcement.

The Alcohol Testing Program within the Florida Department of Law Enforcement (FDLE) regulates the operation, registration and inspection of breath test machines.  FDLE is also responsible for regulating the individuals that operate the breath machines and analyze blood samples.

Portable Breath Testing: Under Florida law, portable breath tests are authorized for administration upon persons under the age of 21.  The results are admissible as evidence in a subsequent administrative hearing.

Blood Tests: Only a physician, registered nurse, or other "qualified person" may draw blood for DUI testing purposes.

Independent Test Statute: In Florida, a person may have a physician, qualified technician, registered nurse or other qualified person of his own choosing administer a blood draw in addition to any test that is done by the police.  The DUI suspect is responsible for all costs of the independent test.  The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of the police.

Forceful Withdrawal of Blood: In Florida, your blood may be forcibly taken if you are DUI and have been involved in an accident involving serious bodily injury or death.  If you refuse a blood test, the police may use reasonable force.  Only authorized medical personnel may make the draw.

Chemical Test Refusal: Under Florida Law, you are entitled to refuse to submit to a chemical test so long as you are not involved in a DUI with serious bodily injury.  The penalties for refusal include a license suspension for 1 year for first refusals and 18 months if you have previously refused.  Your refusal to submit to a test of your blood, breath, or urine is admissible against you in your DUI criminal proceedings.  It is a separate additional offense (a first degree misdemeanor) for a second or subsequent refusal.

Testing of Unconscious Persons: Any person who is incapable of refusal because they are unconscious or as a result of some other mental or physical condition is considered to not have withdrawn his/her consent.  A blood test may be administered to such a person, regardless of whether or not they are told that failure to submit to the blood test will result in the suspension of his/her driving privileges.