On your Florida driver’s license, it states in very tiny writing at the bottom:
OPERATION OF A MOTOR VEHICLE CONSTITUTES CONSENT TO ANY SOBRIETY TEST
REQUIRED BY LAW.
What does that mean?
Florida Criminal DUI Statute 316.1932is Florida’s “Implied Consent Statute” and states:
Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath to determine the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.
It is important to consult with a criminal defense attorney immediately following such an arrest to protect your rights and understand the legal options available to you.
The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test.
The person shall be informed that refusing to submit to any lawful test of their breath or urine will result in a one-year suspension of their driving privilege and will be classified as a second-degree misdemeanor for a first refusal.
If the person has previously had their license suspended for refusing a breath or urine test, a subsequent refusal will result in an 18-month suspension and will be charged as a first-degree misdemeanor, in addition to any other applicable penalties. These enhanced penalties come as a result of a 2025 bill known as “Trenton’s Law.”
The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.
Florida’s “Implied Consent” statute applies to ANY and ALL drivers, including an out of state driver.
What does all that really mean?
By driving a vehicle on Florida roads, the driver consents to a Blood Alcohol Test or breath test IF the driver is UNDER ARREST for DUI.
The officer, usually a DUI officer, must inform the driver that refusing to take a lawful breath or urine test will result in a one-year suspension of their driver’s license and will now be charged as a second-degree misdemeanor for a first refusal.
If the driver has previously refused a breath or urine test and had their license suspended as a result, a second refusal will lead to an 18-month suspension and will be charged as a first-degree misdemeanor, even if the driver was acquitted of the prior DUI charge.
In that case, the driver could be booked into the Polk County jail and face two separate criminal charges—one for DUI and another for refusal—regardless of the outcome of the previous DUI trial.
It also means that the DUI officer does not have to tell the person that the administrative suspension is increased to one year the second time someone is arrested for DUI and takes the breath test!
IT MEANS THAT THE DRIVER MUST ALREADY BE UNDER ARREST BEFORE BEING ASKED TO TAKE A BREATH TEST!
IT MEANS THAT FIELD SOBRIETY EXERCISES (DUI officers like to call these Field Sobriety Tests) ARE VOLUNTARY, and you DO NOT have to perform them under Florida’s Implied Consent law.
FINALLY, IT DOES NOT MEAN THAT YOU GIVE CONSENT TO SEARCH YOUR CAR OR VEHICLE WHEN AN OFFICER OR DEPUTY PULLS YOU OVER FOR A TRAFFIC INFRACTION.
Call now and speak to an experienced DUI attorney in Polk County. I handle all Polk County, FL cases, including DUI arrests by the Polk County Sheriff, Lakeland Police Dept., Haines City Police Department, Bartow PD, and Winter Haven PD.
PROTECT YOUR RIGHTS – CALL NOW (863) 688-4606.
YOU ONLY HAVE 10 DAYS FROM THE DATE OF YOUR ARREST TO FIGHT THE IMPLIED CONSENT SUSPENSION OF YOUR DRIVER’S LICENSE!!!
Contact a Lakeland Criminal Defense Lawyer at Grajek Criminal Defense Attorneys Today For Help
For more information, please contact the Lakeland criminal defense attorneys at Thomas Grajek, for a consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606