Florida DUI Implied Consent Law

DUI License Implications in Florida

In Florida, like in many other states, any person who is arrested for DUI will be asked to submit to a chemical test for the purposes of determining levels of alcohol present in the person's blood. Upon arrest, an individual will be asked to submit to a test of their blood, breath, or urine to determine their BAC, depending on the circumstances of thier case. (Remember, only blood may be requested if a breath test is impracticable or impossible, or if there has been serious bodily injury or death).

Under the Implied Consent provision of Florida's driving laws, any person who refuses to submit to a chemical test will be punished with a license suspension or revocation. It is a seperate crime in addition to the DUI to refuse a chemical test. Every person who drives in Florida is subject to Florida's driving laws that require submission to a chemical test, and any person who drives in Florida impliedly accepts and consents to Florida's driving laws.

In a typical DUI cases, a suspect will be asked to submit to the test. If a test sample is refused, the officer will tell or read the suspect the following:

"If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of one (1) year for a first refusal, or eighteen (18) months if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of your breath, urine, or blood. Additionally, if you refuse to submit to the test I have requested of you and if your driving privilege has been previously suspended for a prior refusal to submit to a lawful test of your breath, urine, or blood, you will be committing a misdemeanor [per Florida Statute 319.1939]. Refusal to submit to the test I have requested is admissible into evidence in any criminal proceeding.

Do you still refuse to submit to this test, knowing that your driving privilege will be suspended for a period of at least one (1) year and that you may be charged criminally for any subsequent refusals?"

The language listed above is mandatory for each DUI refusal case in Florida. Every DUI suspect that refuses a chemical test must be informed of the consequences of his/her refusal. If you were arrested for DUI in Florida, and you were not correctly advised of the consequences of your chemical test refusal, contact an experienced attorney in your jurisdiction immediately.