Can You Refuse a DUI Test in Florida?

No, you cannot refuse breath and urine tests in Florida if you are lawfully arrested for driving under the influence.

However, the law enforcement officer must arrest you and have probable cause that you were driving under the influence in order for Florida’s implied consent law to apply.

Florida’s implied consent laws require drivers to submit to chemical testing (breath, urine, and sometimes blood) if a law enforcement officer has reasonable grounds to suspect they’re driving under the influence of alcohol or drugs. Refusing these tests carries serious penalties, including criminal charges and license suspensions.

Penalties for Refusing DUI Tests in Florida

• Refusing a lawful breath or urine test after a DUI arrest is a crime, punishable by up to 60 days in jail and a $500 fine for a first refusal, and up to 1 year in jail and a $1000 fine for subsequent refusals.
• Refusal also triggers an administrative license suspension of 1 year for a first refusal and 18 months for subsequent refusals.
• Your refusal can be used as evidence against you in a DUI case.
• Blood tests can be required in serious injury or fatal crashes. Refusing a blood test can result in license suspension, but is not a criminal misdemeanor.
• The officer must properly warn you that refusing is a crime for the penalties to apply.
• You can challenge the suspension within 10 days through the Florida DHSMV.

Under Florida’s implied consent statute (Section 316.1932), by driving on public roads, you’ve automatically agreed to submit to chemical testing if an officer lawfully suspects you of DUI. Your consent is “implied” as a condition of getting a driver’s license.

The purpose of implied consent laws is to make it easier to gather evidence against impaired drivers and to discourage test refusals. In Florida, a lawful DUI arrest triggers implied consent to a breath test for alcohol and urine for drugs.

If you were injured in a drunk driving accident, contact a car accident lawyer to discuss your legal options.

References

Florida Statutes § 316.1932 – Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.