Implied Consent Law and DUI in Florida

Implied Consent Law in Florida states that any person who accepts the privilege of driving any motor vehicle within the state is, by so driving such motor vehicle, deemed to have given his or her consent to submit to an approved physical or chemical test. The tests that are usually administered include, but are not limited to, infrared light test of his or her breath for the purpose of gauging the level of alcohol content in his or her blood or breath if the person is arrested legally for any offense committed while the person is in control of a motor vehicle while under the influence of alcohol.

The Florida law also stipulates that if there is a serious bodily injury or death involved in DUI cases, an officer may use reasonable force if needed to require the driver to submit to the administration of the blood test. Even if the driver refuses, reasonable force may still be used to draw blood for a BAC test in these cases.

Police and Implied Consent Law

Police officers in Florida must comply with the Implied Consent Law at all times. The police officer making a DUI arrest must inform you of the rights under the law in relation to your taking a state-administered test of your blood, breath, or urine. The police should also tell you other rights like refusing to take the test. If you refuse a test, your refusal may be presented as evidence against you by the prosecution at trial.

Refusal to state-administered test will have your license immediately taken from you, suspended or revoked for a certain period of time. Take note that you have the right to challenge the suspension or revocation of the license, and you may be able to take back the license even though you did not submit yourself to the test requested.

In case the requesting officer did not read the correct implied consent warning to you, then your DUI defense lawyer can argue that you were denied of reasonable explanation or discussion of the options for you. If you did not understand your legal rights, the administration of the test can be challenged.

In case the condition of your DUI tests is questionable, then your lawyer can exclude unfavorable test results from being introduced at trial. The case of the prosecution may be crippled and your case may be entirely dismissed or made into a lesser offense.