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The Florida Implied Consent Law
Florida is among many states with an implied consent law, under which a person who drives a car in Florida is presumed to agree to suspension of his driver’s license if he refuses to consent to a blood, breathalyzer, or urine test for DUI.
Under the U.S. Constitution and state constitutions, you do have the right to refuse to provide evidence against yourself by testing, but your driver’s license may be immediately confiscated and you’ll face a one year suspension.
A second refusal will result in an automatic suspension of 18 months.
You may be issued a temporary license, pending a suspension hearing. In addition, your act of refusal can be used as evidence of guilt in a DUI prosecution.
If you consent, you have the right to an independent blood test, at your own expense. Courts have ruled implied consent laws constitutional.
In Florida, a second refusal is also a second degree misdemeanor crime, punishable by jail time, fines, and other consequences.
For more information, see the Florida Driver’s Manual
