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Understanding Florida's Implied Consent Law

Understanding Florida's Implied Consent Law

Posted By Boswell & Dunlap LLP || 3-Nov-2016

Florida’s Implied Consent Law, which is defined in Section 316.1932, states that any individual who accepts the privilege of driving in Florida has given her or his consent to submit to lawful requests for urine and breath testing in order to determine the alcohol content of her or his blood or breath. In addition, such testing can be used to detect the presence of a controlled or chemical substance if lawfully arrested for driving under the influence.

In short, any person operating a vehicle in the state of Florida gives their consent to undergo urine or breath testing if pulled over by a law enforcement officer. Failure to do so can leave the driver facing serious penalties.

Penalties for Refusing Implied Consent

Under Florida law, a driver who refuses to submit to a urine, blood, or breath test upon a lawful DUI arrest may face the following penalties:

Penalties for 1st Refusal:

  • 1-year driver’s license suspension

Penalties for 2nd Refusal:

  • 18-month driver’s license suspension
  • First-degree misdemeanor
  • Up to one year in jail or 12-month probation
  • Fines up to $1,000.00

Because these penalties can be costly and affect a person’s entire future, it is important that a person accused of DWI contact experienced legal counsel right away.

Have You Been Accused of DUI in Florida? Call Boswell & Dunlap LLP.

If you have been arrested for driving under the influence, we urge you to get in touch with our Polk County DUI defense lawyers at Boswell & Dunlap LLP right away. We can examine the details of your case and determine which legal strategies can best protect your future. Do not wait to get the retain the legal counsel you need.

To speak with a Polk County DUI defense attorney, call us right away. We are backed by decades of legal experience!

Categories: Family Law

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