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 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!