Anyone who accepts the privilege of operating a vehicle in Florida is deemed to have given consent to an approved chemical or physical test if they are lawfully arrested for allegedly committing a crime while driving or in actual physical control of a vehicle. This is Florida’s implied consent law.
Therefore, refusing to submit to a test to determine the alcoholic content in your blood or breath after a lawful arrest may be unlawful.
Here is what to know about this law:
The police need reasonable cause
For this law to apply, a law enforcement officer should have reasonable suspicion or cause to believe that the person who was driving or in actual physical control of the vehicle was drunk.
Thus, if you didn’t exhibit any observable behaviors that suggest impairment, the police may not have grounds to employ the implied consent law.
The police should inform you of the consequences of a refusal
After requesting a physical or chemical test, the police should inform you that refusing to submit to the test will result in your driving privilege being suspended for one year for a first refusal and 18 months for a subsequent refusal. They should also inform you that a subsequent refusal will be treated as a misdemeanor of the first degree.
The implied consent law can apply to other offenses
The implied consent law can extend to submission to a urine test to detect the presence of chemical or controlled substances when one is lawfully arrested for a crime they allegedly committed while driving or in actual physical control of a vehicle.
Even though accepting the privilege of driving in Florida implies you have consented to tests for alcohol content, chemical substances or controlled substances, it’s not uncommon for this law to be incorrectly applied. Seek legal guidance if you are facing charges for a refusal of a test to learn more about your case.
