Florida DUI Law: Chemical Tests (Implied Consent)

Tampa DUI Lawyers

Chemical or Physical Test Provisions (Implied Consent Law) - s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S

Refusal: The refusal of a driver to submit to a chemical test (if arrested on suspicion of DUI) is admissible as evidence in criminal proceedings. A second or subsequent refusal is a First Degree Misdemeanor.

Driver's License Suspension: For a first refusal, the driver's license suspension period is 1 year. A second or subsequent refusal may result in an 18 month suspension.

Commercial Drivers:A first refusal for a driver operating a commercial vehicle will result in a one year disqualification from driving a commercial vehicle. A second or subsequent refusal will result in permanent disqualification. Hardship licenses are not permitted.

Forceful Withdrawal of Blood:Blood may be drawn in certain DUI cases, involving serious injury or death, by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.

Unconscious: If a driver is unconscious or is otherwise physically or mentally unable to refuse a chemical test, this person is determined to not have withdrawn his or her consent. A blood test may be administered although the driver was not informed of the consequences of refusing said test.

Portable Breath Testing Devices:As authorized by Florida Statute s.322.2616, regarding drivers under 21 - a portable alcohol breath test reading may be admissible as evidence in an administrative hearing ( DMV hearing).

DUI Defense Lawyers in Tampa

If you have been arrested, our experienced DUI defense attorneys are committed to helping clients who have been arrested for driving under the influence. We are familiar with Florida's implied consent laws and know how this can affect you. We may be able to defend you against an accusation regarding refusing a breath test or blood test in order to help you avoid license suspension.

Contact a Tampa DUI lawyer at our firm regarding your arrest and charges!