Florida’s Implied Consent Law and Refusing Alcohol Testing

After an arrest for driving under the influence (DUI), an officer will ask the driver to take a breath, urine, or blood test to determine the amount of alcohol or drugs in their system. The results of these tests can supply prosecutors with the necessary evidence to get a DUI conviction in court.

This article gives an overview of Florida's implied consent law and the consequences of refusing to take an alcohol or drug test following a DUI arrest.

Florida's Implied Consent Law

Florida's implied consent law specifies that any person who holds a Florida driver's license or operates a vehicle within the state is deemed to have consented to one or more of three tests (blood, breath, and urine) if lawfully arrested for a DUI. (Fla. Stat. § 316.1932 (2025).)

Florida's Rule for DUI Breathalyzer Tests

A driver who has been arrested for a DUI must submit to an infrared light breath test (also known as a "breathalyzer") if requested to do so by the arresting officer. (Fla. Stat. § 316.1932 (2025).)

Florida's Rule for DUI Urine Testing

If an officer suspects a driver is under the influence of an intoxicating chemical or controlled substance (as opposed to just alcohol) and makes an arrest, the driver can't lawfully refuse to take a urine test. (Fla. Stat. § 316.1932 (2025).)

Florida's Rule for DUI Blood Tests

A blood test can be used to test for the concentration of alcohol and the presence of controlled substances. However, a driver isn't required to take a blood test unless a breath or urine test is impractical or impossible, such as when a driver is hospitalized or unconscious. (Fla. Stat. § 316.1932 (2025).)

Consequences of Refusing a Breathalyzer or Other BAC Test in Florida

Refusing a blood, breath, or urine test in violation of Florida's implied consent law can lead to a variety of consequences.

License Suspension for Unlawful Refusals of Breathalyzers and Other Tests

Unlawful refusal of a chemical test will result in a one-year driver's license suspension for a first offense. A second or subsequent refusal carries an 18-month suspension. (Fla. Stat. § 316.1932 (2025).)

Criminal Charges for Implied Consent Violations

Refusing a breath or urine test is a misdemeanor in Florida. However, refusing a blood test is only a civil offense.

The United States Supreme Court has ruled that refusing a blood test (unlike breath and urine tests) can't be charged as a crime. Because of this Supreme Court ruling, a driver won't receive a criminal conviction or jail for refusing to submit to a blood test. The penalties for refusing a blood test are a 1-year license suspension for a first offense and an 18-month suspension for a second or subsequent offense. (Fla. Stat. § 316.1932 (2025); Birchfield v. North Dakota, 579 U.S. 438 (2016).)

An unlawful refusal of a breath or urine (but not blood) test is a second-degree misdemeanor. If convicted, a driver will receive a 1-year driver's license revocation, up to 60 days in jail, and a fine of $500. (Fla. Stat. §§ 316.1932, 775.082, 775.083 (2025).)

For a second or subsequent offense, drivers who unlawfully refuse breath or urine testing can be charged with a first-degree misdemeanor. If convicted, a motorist will receive an 18-month driver's license revocation, up to 1 year in jail, and a fine of $1,000. (Fla. Stat. §§ 316.1932, 775.082, 775.083 (2025).)

Refusals Can Be Used Against You at Trial

Drivers might believe that refusing a test will make it difficult to prove they were driving under the influence. However, the fact that a driver refused to submit to testing can be used against the driver in a criminal case. (Fla. Stat. § 316.1932 (2025).)

While refusal doesn't exactly prove intoxication, prosecutors often argue that a refusal is indicative that the person was trying to hide impairment.

Getting a Restricted License in Florida

Drivers who have their license suspended for a refusal are eligible for a temporary restricted license. To be eligible, the applicant must complete a DUI substance abuse education course and evaluation and might be required to provide letters of recommendation. (Fla. Stat. § 322.271 (2025).)

A restricted license allows the holder to drive only for business or educational purposes, and the driver might be required to use an ignition interlock device (IID) as a condition of the restricted license. (Fla. Stat. § 322.271 (2025).)

Third-time violators aren't eligible for the restricted license. (Fla. Stat. § 322.271 (2025).)

Contesting a Refusal Suspension in Florida

A driver who wishes to contest a suspension for refusing a chemical test must submit a written request for formal review within 10 days. (Fla. Stat. § 322.2615 (2025).)

Implied Consent Violation Defenses in Florida

Florida's implied consent rule applies only if the driver is lawfully arrested for a DUI offense. For a DUI arrest to be lawful, the officer must have probable cause to believe that the driver was driving or in actual physical control of a vehicle while under the influence of alcohol, drugs, or both alcohol and drugs. (Fla. Stat. § 322.2615 (2025).)

If a driver can establish that the police didn't have probable cause to make the arrest, the hearing officer or judge is generally supposed to throw out the allegations or charges.

Getting Help From a Florida DUI Attorney

If you've been arrested for driving under the influence in Florida, you should get in touch with a DUI attorney in your area. A qualified DUI lawyer can review your case and advise you on your options.