What is implied consent law in Florida?

By driving in the state of Florida, you have agreed to any breath or sobriety test required by Florida law (it’s on your Florida driver’s license). Once the arresting officer has probable cause to believe you are under the influence, they will request that you take a breath test. If you refuse to take the breath test, the officer must then read you Florida Implied Consent Warnings.

These warnings will inform you that you are under arrest for driving under the influence and that you are being offered a breath test in order to determine the alcohol content of your blood. Should you refuse to take a breath test (or urine test for controlled substances), the Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your driving privilege for 6 months for driving with an unlawful blood alcohol level (DUBAL) or for 1 year if you refuse, and 18 months if you have previously been suspended for refusing to submit to a breath, blood or urine test.

If you are not given these warnings by the officer and you refused to submit to a test, then you have not been advised of your rights under Florida’s implied consent law and there will be arguments that can be made in an attempt to keep the evidence of your refusal out of court.