Florida’s implied consent law requires drivers to submit to chemical testing, such as breath, urine, or blood tests, if law enforcement suspects them of driving under the influence (DUI). Refusing a blood test in Florida can lead to serious consequences.
Understanding how implied consent works is necessary for drivers who face DUI charges.
What is the implied consent rule?
Implied consent means that by driving in Florida, drivers automatically agree to submit to chemical testing if arrested for DUI. This includes breath, urine, or blood tests to determine blood alcohol concentration (BAC). The goal of this law is to help law enforcement gather evidence of impaired driving.
Consequences of refusing a blood test
Refusing a blood test under Florida’s implied consent law can lead to harsh penalties. A first-time refusal results in a one-year driver’s license suspension. For a second refusal, the suspension increases to 18 months, and it also becomes a misdemeanor charge. Refusing a test can also be used against the driver in court as evidence of guilt, making it harder to fight DUI charges.
Defending against refusal charges
There are defenses available for drivers who refuse a blood test. One possible defense is challenging whether the officer had reasonable cause to request the test. Law enforcement must have probable cause to believe the driver was impaired.
If an attorney can prove that the officer lacked probable cause, the court may dismiss the test refusal. Additionally, the officer must explain the consequences of refusing the test. If this warning was not given, the defense could argue that the refusal should not result in penalties.
Navigating implied consent in Florida
Implied consent plays a significant role in DUI cases involving blood test refusals. Drivers in Florida must understand the consequences of refusing a test and know their rights when facing DUI charges.
