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Florida DUI Law: Implied Consent

Florida Statute §316.1932: Chemical or Physical Test Provisions

Any person operating a motor vehicle in this state is in essence giving implied consent to submit to a chemical or physical test. This means that a law enforcement officer can administer a test to determine alcohol content or the presence of a controlled substance, as long as they have reasonable cause to believe that a driver is impaired. These tests may include, but are not limited to, a breath test, a urine test, and/or a blood test.

Refusal to Consent to Test

  • First Refusal: $500 Civil penalty will be incurred
    • Driver's License Suspension: 1 year
  • Second Refusal/Previously Fined: Results in a first degree misdemeanor
    • Driver's License Suspension: 18 months
  • Any Refusal: Admissible into evidence in any criminal proceeding

Implied consent leaves room for special circumstances to arise, as well. If a DUI case involves serious injury or even death, authorized medical personnel may draw blood using reasonable force—even if the driver refuses—to determine blood alcohol concentration or to detect any controlled substances. In other cases, if a driver is unconscious or otherwise physically or mentally unable to refuse a test, this means that they have not willfully withdrawn their consent. A test may be administered, even without informing the participant of the consequences of refusing consent.

To view the Florida statute, click here.

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