Florida's Implied Consent Law Requires You to Submit to DUI Tests – But Here's What You Need to Know About Your Rights and Defenses
When you're pulled over in Florida and suspected of driving under the influence (DUI), one of the first things law enforcement will likely tell you is that you must submit to a chemical test—whether it's a breathalyzer, urine, or blood test. This requirement comes from Florida's Implied Consent Law, found in Florida Statutes § 316.1932(1).
As a Florida criminal defense lawyer, I frequently handle cases where individuals are charged with DUI after refusing to submit to these tests. You might be wondering: what happens if I refuse? Is that refusal an automatic conviction? And what can I do to protect myself?
In this article, I'm going to break down Florida Statutes § 316.1932(1), what it means, the consequences of refusing a DUI test, and how a private lawyer can help if you're facing DUI charges.
What is Florida's Implied Consent Law?
Florida Statutes § 316.1932(1) states that anyone who drives on Florida roads has already "impliedly" agreed to submit to a chemical test if law enforcement has probable cause to suspect they are under the influence of alcohol or drugs.
Here's the relevant statute text:
"(1) Any person who accepts the privilege extended by this state to operate a motor vehicle thereby agrees to submit to an alcohol test, a urine test, or a blood test… when requested by a law enforcement officer under circumstances where the officer has probable cause to believe the person was driving or in actual physical control of a vehicle while under the influence of alcoholic beverages, any chemical substance, or any controlled substance."
In plain English: by driving in Florida, you've essentially given your consent to take a DUI test if requested by law enforcement. That consent can't be taken back easily. If you refuse to take the test, you can face serious legal consequences, even if you haven't been convicted of DUI.
The Legal Requirement to Submit to DUI Testing
When an officer suspects that you are driving under the influence, they may request that you submit to one or more of the following tests:
- Breath Test – The most common test, often done with a breathalyzer device, measures the amount of alcohol in your system.
- Blood Test – This test measures the concentration of alcohol or drugs in your bloodstream.
- Urine Test – Used when the officer suspects the presence of drugs but is unable to perform a breath test.
Under Florida Statutes § 316.1932(1), if you refuse to submit to any of these tests, you will face an automatic license suspension, among other penalties.
The Consequences of Refusing a DUI Test
Florida's implied consent law gives police the right to ask you to submit to a DUI test, but what happens if you say no? The consequences of refusal are laid out in Florida law under § 316.1939, and they can be severe.
Here's what happens if you refuse:
- License Suspension – Refusing a breath, urine, or blood test results in an immediate 12-month suspension of your driver's license. If you have refused a test before, the suspension can be extended to 18 months.
- Increased Penalties If Convicted – Not only does your license get suspended, but a refusal to take a DUI test can increase the penalties if you are later convicted of DUI. The court will often view the refusal as an aggravating factor, meaning you may face harsher fines, longer license suspension, or even mandatory jail time.
- No Evidence of Impairment – When you refuse the test, you may avoid certain legal consequences, such as evidence of alcohol or drug impairment being presented in court. But even without test results, the prosecutor can still argue that you were impaired based on field sobriety tests, the officer's observations, and other circumstantial evidence (e.g., swerving, smell of alcohol, slurred speech, etc.).
- Hardship License – While you may be able to apply for a hardship license during a suspension (which allows you to drive for work or other essential reasons), it's not guaranteed. You may need an attorney to help you with this process.
What Defenses Might Apply?
While Florida Statutes § 316.1932(1) is clear about the consequences of refusing a DUI test, there are still legal defenses that may apply in certain situations.
Here are some common defenses that I've used in cases where my clients were charged with DUI despite a refusal to submit to a test:
- Probable Cause Was Not Established – If the officer didn't have probable cause to believe you were impaired, then they had no legal reason to request a DUI test in the first place. For example, if you were pulled over based on vague reasoning or after a very short stop, a lawyer can challenge the officer's probable cause.
- No Legal Warning of Consequences – If the officer didn't properly inform you of the consequences of refusal (i.e., the suspension of your license), that can weaken the case against you. Florida law requires the officer to read you the implied consent warning, and if they fail to do so, that may provide grounds for a defense.
- Coercion or Duress – If you were pressured into refusing the test or didn't understand your rights, there may be grounds to challenge the refusal.
- Medical Conditions – Sometimes, there are medical or physical conditions that prevent a person from being able to take a breath test, such as a serious respiratory condition or injury. In these cases, a medical expert might need to be called in to verify that a refusal was justified.
Real-Life Case Example: A Refusal Defense
Let me tell you about a case I worked on recently, where the client's refusal to submit to a test ended up working in their favor.
My client, let's call him John, was pulled over late one night for swerving. The officer smelled alcohol and claimed that John appeared intoxicated. After some field sobriety tests, the officer asked John to take a breathalyzer test. John, however, refused.
The officer immediately took John's license and told him that his refusal meant a one-year suspension. When the case went to trial, I argued that there was no probable cause for the stop in the first place. John wasn't weaving excessively, and there were no signs of alcohol in his speech or behavior that would justify suspicion.
After digging into the officer's report and reviewing dashcam footage, I found inconsistencies. The officer didn't properly inform John of the consequences of his refusal, and I was able to show that his refusal wasn't based on a conscious desire to avoid testing but because he didn't fully understand his rights at the time.
The case was dismissed. Even though John's license was initially suspended, he walked away without a DUI conviction on his record.
This is the kind of defense strategy that only a private DUI lawyer can offer. Public defenders often have far too many cases to dig into the details like this. If you're facing a DUI charge, especially one involving a refusal, it's critical to have a lawyer who will fight for every detail.
Why You Need a Private Attorney in DUI Cases Involving Implied Consent
Facing DUI charges in Florida, especially when you've refused a breath, urine, or blood test, can be overwhelming. But you don't have to go through it alone. Hiring a private DUI lawyer is crucial for several reasons:
- Challenging the Evidence: I have the skills and experience to challenge the evidence the prosecution has—whether it's the officer's probable cause, the refusal warning, or the officer's observations.
- DUI Test Refusal Defense: We'll explore every angle, from improper test requests to medical issues, and argue that the refusal wasn't a crime in the first place.
- Minimizing Penalties: A private attorney has the knowledge to minimize penalties, fight for hardship licenses, and help you navigate your DUI defense.
Don't let a mistake or misunderstanding cost you your license or your freedom.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.
FAQs – Florida's Implied Consent Law and DUI Refusal
What happens if I refuse a DUI test in Florida?
If you refuse a DUI test in Florida, your driver's license will be automatically suspended for at least 12 months for a first refusal. For a second or subsequent refusal, your suspension can be extended up to 18 months. In addition, refusing a test can lead to harsher penalties if you're convicted of DUI later.
Can I refuse a DUI test if I don't think I'm impaired?
Yes, you can refuse a DUI test, but refusing comes with consequences. Florida law allows for a 12-month license suspension and can increase penalties if you are later convicted of DUI. However, refusal doesn't automatically protect you from a DUI conviction; police can still use other evidence to charge you.
What are the exceptions to the implied consent law?
While there are very few exceptions to the implied consent law, some defenses might be available if you weren't properly informed of the consequences of refusal or if medical conditions prevented you from taking the test.
Can my refusal be used against me in court?
Yes, your refusal can be used against you in court as evidence that you were trying to avoid testing. Prosecutors may argue that your refusal suggests you knew you were impaired. However, a private attorney can challenge this inference by showing that your refusal wasn't based on guilt.
Can I get a hardship license after refusing a DUI test?
Yes, you may be eligible to apply for a hardship license to drive for work, school, or other essential activities. However, this process is complicated, and the approval depends on the specifics of your case. A lawyer can guide you through the process to improve your chances of approval.
What happens if I take the DUI test and fail?
If you take the test and fail, it's important to remember that failing the test doesn't automatically mean you will be convicted of DUI. There are several defenses that your lawyer can use to challenge the validity of the test or the arrest, and a refusal to take a test is just one possible outcome.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Don't let a mistake or misunderstanding cost you your license or your freedom. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.