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Do you have to take a breath test in a Florida DUI stop?

On Behalf of | Apr 28, 2021 | Dui

If an officer stops you for suspicion of driving under the influence in Florida, he or she may ask you to take a sobriety test. Under the state’s implied consent law, you can receive legal consequences for failure to take a breath or urine test at the scene.

Here are the rules about implied consent in Florida during a traffic stop for DUI.

Defining implied consent

If you drive on the roads in the state, you automatically give your consent to a sobriety test if asked to take this type of test by law enforcement. The officer may require you to take either a urine or breath test. He or she cannot mandate a blood test unless you have become incapacitated after an accident.

Refusing a breath test

If you do not agree to take a breath or urine test at the scene, Florida will suspend your license for one year for the first offense and 18 months for a subsequent offense. In addition, the prosecutor may use the refusal as evidence of intoxication during the court proceedings.

Obtaining a restricted license

After a conviction under the implied consent law, you may qualify for a restricted license if you complete a court-ordered DUI education course and substance use evaluation. The court may ask you for personal letters of recommendation. With a restricted license, you can only drive to work or school and you may have to install an ignition interlock device in your vehicle.

If you consent to the sobriety test, you can receive DUI charges for BAC of 0.08% or higher.


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