In Florida, drivers suspected of intoxicated driving have a legal duty to submit to a breath test. Should you violate this obligation, you could lose your license. Indeed, a DUI refusal can lead to immediate penalties—even if you are not actually intoxicated. In this article, our Tampa DUI defense attorney explains the most important things you need to know about Florida law and breathalyzer refusals.
Implied Consent in Florida: Breathalyzer Tests
As a starting point, all drivers should know that Florida has an implied consent law on its books (Florida Statutes § 316.1939). Any person who operates a motor vehicle in the state has, by law, already consented to submit to a breathalyzer test if they are arrested for drunk driving. If you refuse to submit to the test, you will be subject to an immediate license suspension.