If you accept the privilege provided by the state of Florida to operate a motor vehicle within the state, you are deemed to have given consent to submit to a lawful chemical (blood) or physical (breath) test when you drive. This is referred to as implied consent.
Therefore, when the police have reasonable suspicion that you may be driving under the influence of alcohol, they can stop and request that you submit to an alcohol test.
Here is what to know about this law:
A refusal can lead to penalties
Due to the implied consent law, refusing to submit to a chemical or physical alcohol test requested by law enforcement can be unlawful. Accordingly, your license may be suspended for one year for a first refusal or 18 months for subsequent refusals.
This law covers urine tests
In addition to chemical and physical tests, the implied consent law applies to urine tests, which can be requested when the former ones are unavailable. In such an instance, law enforcement will take you to a detention facility or any other facility equipped to perform urine tests at the officer’s request, provided they have reasonable cause.
Refusing a urine test can result in similar penalties as a refusal to submit to a chemical or physical test.
Even though you are required to submit to alcohol testing when an officer has reasonable doubt that you may be drunk driving, mistakes are not uncommon. For example, an officer should inform you about the potential penalties if you refuse to submit to a lawful test. If they fail to do so, you may have grounds to defend yourself.
If you are charged with refusing to submit to a lawful alcohol test, seek legal guidance to learn more about your case.