Florida's "Implied Consent" Law and Refusal to Submit to Testing Explained
- J. Ruffin Hunt
- Apr 24
- 4 min read
Florida’s Implied Consent Law: What Tampa Drivers Need to Know
If you’ve been arrested for DUI in Tampa or anywhere in Florida, one of the most important laws that will immediately affect your case is Florida’s Implied Consent Law, codified in Florida Statute § 316.1932. Understanding how this law works, and the consequences of refusing testing, is critical to protecting your driver’s license and your defense.
At Hunt Law, we routinely defend DUI cases throughout Tampa and Hillsborough County, and implied consent issues are often at the center of both the criminal case and the administrative driver’s license suspension.
What Is Florida’s Implied Consent Law?
Florida’s implied consent law is based on a simple idea: By driving in Florida, you have already agreed to submit to certain chemical tests if you are lawfully arrested for DUI.
Under the statute:
Any person who operates a motor vehicle in Florida is “deemed to have given his or her consent” to testing.
This applies whether you are a Florida resident or just visiting the state.
In other words, you don’t get to decide at the moment of arrest whether you consent, you already did when you chose to drive.
What Types of Tests Can Police Request?
After a lawful DUI arrest, law enforcement can request several types of tests:
1. Breath Test
Used to measure alcohol concentration
Typically administered at a DUI testing facility. In Hillsborough County the test is typically administered at Central Breath Testing (CBT) at Orient Road Jail.
Must be requested by an officer with reasonable cause to believe you were driving under the influence
2. Urine Test
Used to detect controlled substances or chemical substances
Conducted at a facility equipped to properly administer the test
3. Blood Test
Used when breath or urine testing is impractical (such as in medical situations)
Can be administered in hospitals or medical settings
In some situations, more than one test may be requested, and administering one test does not prevent officers from requesting another.
The Key Requirement: A Lawful Arrest
This is where many DUI cases are won or lost.
For implied consent to apply:
The officer must have reasonable cause to believe you were driving under the influence
You must be lawfully arrested before the test is requested
If either of these elements is missing, your attorney may be able to challenge:
The admissibility of test results
The refusal allegation
The resulting license suspension
What Happens If You Refuse Testing?
Refusing a breath, urine, or blood test carries serious consequences in Florida, both administrative and criminal.
If you refuse:
First refusal:
1-year driver’s license suspension
Second or subsequent refusal:
18-month suspension
This suspension is handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and is separate from your criminal case.
Criminal Charges for Refusal
Many people are surprised to learn that refusal is also a crime: See Section 316.1939, Fla. Stat.
First refusal:
A 2nd degree misdemeanor, punishable by up to 60 days in the county jail & a $500 fine.
Second or subsequent refusal:
A 1st degree misdemeanor, punishable by up to 364 days in the county jail & a $1,000 fine.
Refusal Can Be Used Against You
If you refuse testing, that decision does not stay out of court.
Your refusal is admissible evidence in a criminal DUI trial
Prosecutors may argue that refusal shows consciousness of guilt
What If You Are Unconscious?
Florida law addresses situations where a driver cannot respond:
If you are unconscious or incapable of refusal, you are deemed not to have withdrawn consent
Law enforcement can proceed with testing (especially blood testing)
Your Right to an Independent Test
Even after submitting to a police-administered test, you still have rights:
You may obtain an independent test at your own expense
Law enforcement cannot interfere with your ability to obtain it
However, you are responsible for arranging and paying for it
This can be an important tool in challenging inaccurate or unreliable results.
Can You Request a Test?
Yes. If law enforcement does not request a test, you can:
Ask the officer to administer one
The officer must comply with your request
This can be strategically important in certain cases.
How Implied Consent Impacts Your DUI Case
Implied consent issues often create multiple avenues of defense in DUI cases, including:
Challenging whether the arrest was lawful
Attacking the officer’s “reasonable cause”
Contesting whether proper warnings were given
Disputing the reliability or administration of the test
Fighting the administrative license suspension
At Hunt Law, we analyze every implied consent issue closely because it can determine:
Whether evidence is admissible
Whether charges can be reduced or dismissed
Why You Should Contact a Tampa DUI Defense Attorney Immediately
Time is critical after a DUI arrest in Florida.
You only have 10 days to request a formal review hearing to challenge your license suspension
Evidence (including video and testing records) must be preserved quickly
Early intervention can dramatically improve the outcome of your case
Implied consent laws are highly technical, and mistakes by law enforcement are more common than many people realize. A skilled Tampa DUI defense attorney can identify these issues and build a strategy tailored to your case.
Contact Hunt Law for DUI Defense in Tampa
If you’ve been arrested for DUI or accused of refusing a test, don’t wait. The consequences of Florida’s implied consent law can impact your license, your record, and your future.
At Hunt Law, we provide aggressive, strategic DUI defense for clients throughout Tampa and Hillsborough County. We understand the nuances of Florida’s implied consent law and how to challenge it effectively.
Call today for a consultation and protect your rights.
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