What is the Implied Consent Law of Florida? If you are a driver in Florida, then you agreed to a certain number of conditions even though you were not aware of it. Under the Implied Consent Law of Florida (Florida Statute §316.1932), every licensed driver is automatically put into an agreement to submit for testing a breath, blood, or urine sample if law enforcement suspects him/her of driving under the influence (DUI).
This law is beneficial to the police in securing evidence during a DUI probe. However, it is very serious when one refuses to comply – even if this is before he/she is ever convicted.
What Happens After Refusal of a Breath or Blood Test?
In refusing to submit to chemical tests lawfully after arrest for the crime of DUI, the driver is immediately meted out administrative penalties imposed by the State of Florida Department of Highway Safety and Motor Vehicles (DHSMV).
First refusal will automatically bring a one-year suspension of the driver’s license. The second and above will suffer suspension of 18 months and criminal charges for refusal.
These fines and penalties would still apply even when the DUI case is dropped or lessened as a charge; they would, therefore, result in the loss of the driver’s license, considered guilty without conviction.
Impact of Refusal to Their DUI Cases
Refusing to submit oneself to the tests may appear like a good thing to do at first, but, actually, it is contrary. Refusal is indirect evidence of guilt for the prosecutors because they argue that you would refuse to allow testing because you knew you were impaired. Besides, it makes it almost impossible to contest a license suspension without an attorney under the “refusal to submit” laws of Florida.
How A Defense Attorney Will Assist?
An experienced attorney could:
- Challenge the legality of the stop or arrest in the first place.
- Bring your case to a formal review hearing contesting your license suspension.
- Ask whether proper procedures for testing were followed.
- Ask for the suppression of evidence improperly obtained.
This post was written by a professional at Perl Law, PLLC. Welcome to Perl Law, PLLC. I’m Brigette Perl, drug lawyer Tampa. I bring nearly 10 years of experience in criminal defense and personal injury law. At my firm, I prioritize open, honest communication so clients feel informed and confident every step of the way. Before founding Perl Law, I sharpened my skills at a top Tampa Bay defense firm and as a prosecutor in the Sixth Judicial Circuit in Pinellas County. This dual perspective allows me to build aggressive, strategic defenses tailored to each client’s needs. If you’re facing legal challenges, I’m here to guide you with skill, care, and a commitment to achieving the best possible outcome.
