DUI Information

Test Provisions

 

Test Provisions (Chemical-Physical) based on the implied consent law of Florida DUI Laws:


Refusal
Refusing for the submission for a breath, urine, or blood test is considered as evidence in Florida DUI criminal proceedings. The next refusal is a misdemeanor of the first degree.


Driver License Suspension Periods
For the first drivers license refusal for Florida DUI, license is suspended for 1 year. For the next refusal, suspension lasts for 18 months.


Commercial Driver License Disqualification Periods
First refusal in a commercial motor vehicle results in a 1 year disqualification while the second or subsequent refusals in a commercial motor vehicle, causes permanent disqualification. Hardship reinstatement is not permitted.


Forceful Withdrawal of Blood Test
Authorized medical personnel may administer blood tests in Florida DUI cases involving serious bodily injury or death. The test may be administered by force, even if the driver refuses.

Unconscious: “Any person unconsciousness or other mental or physical condition who is not in a position to refuse shall be considered not to have withdrawn his consent to such test for the offense of DUI in Florida.”