Category: Traffic Offenses · Statute: F.S. 316.1932 · Source: Florida Legislature
Understanding Implied Consent Law in Florida
Under Florida Statute Section 316.1932, the Implied Consent Law establishes that any person who accepts the privilege of operating a motor vehicle within the state is deemed to have given their consent to submit to approved chemical or physical tests. These tests—which can include breath, urine, or blood testing—are used to determine the presence of alcohol or chemical and controlled substances when a driver is lawfully arrested for driving under the influence (DUI). The law operates on the legal principle that driving is a privilege rather than an absolute right, meaning motorists agree to these terms in exchange for using Florida's public roadways.
The distinction of Florida's Implied Consent Law lies in its dual-track consequences. If a driver refuses to submit to a lawful test, they face immediate administrative penalties from the Department of Highway Safety and Motor Vehicles (DHSMV), separate from any criminal DUI charges. A first refusal results in an automatic 12-month driver's license suspension. A second or subsequent refusal increases the suspension to 18 months and elevates the refusal itself to a first-degree misdemeanor under Florida law, meaning a driver can face criminal prosecution solely for refusing the test, regardless of the ultimate outcome of the underlying DUI case.
How Implied Consent Affects Bail and Pretrial Release
In Florida, an implied consent refusal directly impacts pretrial release because it is tied to a DUI arrest. Under Florida Statute Section 907.041, individuals arrested for DUI cannot be released on bail or recognizance until they are no longer under the influence, meaning their blood-alcohol level must be below 0.05, or eight hours have elapsed since the time of arrest. Furthermore, if a defendant is charged with the misdemeanor of a second or subsequent refusal, this additional criminal charge can result in a higher scheduled bond amount and stricter pretrial monitoring conditions, such as the mandatory installation of an ignition interlock device or continuous alcohol monitoring as a condition of release.