Implied Consent in Florida DUI Law
Implied consent is the legal principle that any person who drives on Florida roads has automatically consented to chemical testing (breath, blood, or urine) to determine impairment. This doctrine is codified in Section 316.1932, Florida Statutes, and serves as the legal basis for DUI testing throughout the state.
How Implied Consent Works
When a law enforcement officer has probable cause to believe a driver is operating a vehicle under the influence of alcohol or controlled substances, the officer may request:
- Breath test: Most common; administered at the police station using an approved Intoxilyzer device
- Blood test: Used when breath testing is impractical (hospital settings, serious injury crashes)
- Urine test: Used primarily for detecting controlled substances
The officer must inform the driver of the consequences of refusal before administering the test.
Consequences of Refusal
- First refusal: 12-month administrative license suspension
- Second or subsequent refusal: 18-month suspension and a first-degree misdemeanor charge (Section 316.1939; up to 1 year in jail, $1,000 fine)
- Evidentiary impact: The refusal can be introduced as evidence of consciousness of guilt at trial
- Administrative hearing: The driver has 10 days to request a formal review hearing with the Florida DHSMV to challenge the suspension
Blood Draws and Fourth Amendment
Following Birchfield v. North Dakota (2016), warrantless blood draws incident to DUI arrest generally violate the Fourth Amendment. Florida law (Section 316.1933(1)) permits forced blood draws only in crashes involving death or serious bodily injury. In all other cases, the officer must obtain a search warrant.
Related Terms
- DUI — Driving under the influence charge
- Probable Cause — Standard for requesting testing
- Search Warrant — Court authorization for blood draws
- License Suspension — Administrative penalty for refusal
Barnes Walker Litigation Services
Barnes Walker’s litigation attorneys advise on implied consent issues and administrative license suspension hearings in Manatee and Sarasota counties. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC