Florida Implied Consent Law: What Happens If You Refuse a Breathalyzer or Blood Test?

Understanding the Implied Consent Law in Florida

When you apply for and sign your driver license in the state, you legally agree to submit to an approved chemical test if you are lawfully arrested for driving under the influence. This rule applies whether you are driving in Miami, Orlando, Tampa, or anywhere else in the state. According to Fla. Stat. § 316.1932, this legal concept makes testing mandatory when requested by law enforcement. A refusal triggers immediate administrative penalties, completely separate from any criminal charges you might face. If you find yourself in this situation, you can easily hire a local lawyer from our US Lawyer Directory to guide you through the process.

Breathalyzer vs. Blood Test vs. Urine Test

The type of test requested by the officer depends on the circumstances of the stop and the suspected impairment.

Breathalyzer Tests

This is the most common test used to measure blood alcohol concentration. If an officer suspects alcohol impairment, they will ask you to blow into a machine. Refusing this test triggers the standard administrative suspension.

Mandatory Blood Draws in Severe Accidents

While you generally have the right to refuse a breath test and accept the suspension, blood tests have stricter rules. Under Fla. Stat. § 316.1933, if an accident involves death or serious bodily injury, law enforcement can force a blood draw without your consent. In these severe cases, reasonable force may be used to obtain the sample.

Urine Tests for Suspected Drug Impairment

If an officer suspects you are under the influence of drugs rather than alcohol, they may request a urine test. Refusing a urine test carries the same administrative penalties as refusing a breath test.

Penalties for Refusal: Administrative vs. Criminal

Refusing a test in this jurisdiction leads to two separate types of cases: an administrative case with the DMV and a criminal case in court.

First Refusal Penalties

Under Trenton's Law (Fla. Stat. § 316.1939(1)(e) and Fla. Stat. § 316.1932), a first refusal to submit to a lawful breath or urine test is a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine, prosecuted separately from the underlying DUI charge. In addition to criminal exposure, the state imposes an automatic 12-month administrative suspension of your driving privileges.

Second Refusal Penalties

If you refuse a test for a second time, the consequences escalate dramatically. The administrative suspension jumps to 18 months. Furthermore, a second refusal is categorized as a first-degree misdemeanor under Fla. Stat. § 316.1939, meaning you can face up to one year in jail and a $1,000 fine just for refusing, on top of any DUI penalties.

Commercial CDL Drivers

Commercial drivers operate under much stricter regulations. If you hold a Commercial Driver License and refuse a test while driving any vehicle, your CDL will be suspended for a full year. The legal limit for CDL holders is 0.04, half the standard limit. A second refusal will result in a lifetime ban of your CDL privileges.

The 10-Day Rule to Save Your License

You have only 10 days from the date of your arrest to challenge the administrative suspension or apply for a hardship license. If you miss this window, your license will remain fully suspended with no driving privileges allowed.

To contest the legality of the traffic stop or arrest, you must file Form HSMV 78065, Florida, DHSMV, Application for Formal/Informal Review of Driver License Suspension/Disqualification with the Florida Department of Highway Safety and Motor Vehicles, Tallahassee. Alternatively, eligible drivers seeking to waive the hearing for an immediate Business Purpose Only (BPO) license without serving the 90-day hard suspension under Fla. Stat. § 322.2615(1)(b)3 and Fla. Stat. § 322.271(7) must submit Form HSMV 72034, Florida, DHSMV, Request for Eligibility Review.

How Much Does it Cost?

Handling a refusal involves various state fees and potential legal costs:

How Long Does the Process Take?

The formal review hearing is typically scheduled within 30 days of your request. If you waive the hearing and apply for an immediate hardship license, the process can be completed in just a few days, provided you have enrolled in DUI school. The underlying criminal DUI case at a local courthouse, such as the Miami-Dade County Court, Miami or the Hillsborough County Court, Tampa, usually takes 4 to 6 months to resolve.

Frequently Asked Questions (FAQ)