After you have received your driver’s license in the state of Florida, you have to agree to abide by the implied consent law. With this law, you need to consent to urine, breath, or blood tests when you use that privilege to drive. These tests can indicate your drug or alcohol content levels if you have been pulled over for a suspected DUI. 

If you happen to refuse a test, the Florida Department of Highway Safety and Motor Vehicle (DHSMV) can take administrative action to suspend your license. 

What Is Implied Consent?

According to Florida Statute Section 316.1932, the definition of implied consent states that “any person who accepts the privilege of driving within the State of Florida” must abide by certain laws. The driver gives consent to submit to a lawful request for testing to determine alcohol content levels in blood or breath. These tests can also be used to identify the presence of chemicals or controlled substances if you are legally arrested for driving under the influence.

When you accept the privilege of driving, you also accept the legal responsibility that allows law enforcement to test for drugs or alcohol during a lawful DUI stop. 

Refusing a Breathalyzer in Florida

While consent is implied, drivers can refuse a breathalyzer test. However, there are severe consequences for refusing these tests. According to a 2011 decision by the Florida Supreme Court, implied consent is only valid in a lawful arrest. For any arrest that is considered unlawful, the defendant may fight the charge and the license suspension.

If you decline to submit to a blood, breath, or blood test during a legitimate arrest for DUI, you will encounter serious penalties. Some of these consequences include:

  • First refusal: one-year suspension of driver’s license
  • Second refusal: Eighteen-month driver’s license suspension. This refusal also leads to a first-degree misdemeanor. You could also face a $1,000 fine, one year in jail, or probation. Along with that, this refusal will be used as evidence in your DUI criminal case. 

DUI Tests Under the Law

The state’s implied consent laws cover urine, breath, and blood tests. Under the statute, these tests may only be used under specific conditions. 

Urine Tests

Under Florida’s law, implied consent covers urine testing. This test can be used to detect the presence of controlled or chemical substances. According to Statute 316.1932, “the urine test is incidental to a lawful DUI arrest, and it must be administered at a detention facility that is equipped to conduct these tests.”

The law enforcement officer must also have probable cause that the driver was under the influence of a controlled or chemical substance.

Breath Tests

Like a urine test, these tests must be related to a legitimate DUI stop. It must also be administered at the request of a law enforcement officer with reasonable cause. The officer must believe that the driver was under the influence of alcohol while operating the vehicle. A breath test is often used in combination with other types of tests. If an officer requests this test, he or she may also ask for a urine test. 

Blood Tests

Under Florida law, law enforcement can only request a blood test under certain circumstances, such as:

  • Urine and breath tests are impossible to conduct
  • Probable cause that the suspected DUI driver caused injury or death
  • Suspected driver has given voluntary consent

Defenses To Implied Consent

While it might seem like implied consent is an open-and-shut case, there are some defenses to challenge the admissibility of these tests. You can even contest any criminal charges based on test refusal. Some defenses include:

  • Lack of probable cause 
  • Unlawful stop by law enforcement
  • No real refusal
  • Implied consent warning was absent 
  • Suspect was not in physical control of the vehicle
  • Urine or breath tests were not impossible to conduct (in regards to blood tests)
  • No evidence the driver caused an accident
  • Invalid consent
  • Improper promises or threats
  • Incorrect statements of the law

Speak To An Experienced Criminal Defense Team

Anyone with a Florida driver’s license should understand the importance of implied consent laws. When you are legally arrested, you must submit to these tests. If you do not, it can impact your rights, especially under the implication of driving under the influence. Coupled with a DUI charge, it is a complicated legal matter. You need to consult with the Orlando criminal defense lawyers at Smith & Eulo.