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What is Florida’s Implied Consent Law?
Simply put, in terms of a DUI arrest in Florida, the term “implied consent” means that when you accept the privilege of driving in Florida, you consent to take a breath, urine, or blood test is implied. So, if you are found unconscious at the scene of an accident and the officer has reason to believe you are under the influence of alcohol or a chemical or controlled substance, your breath, urine, or blood depending on the situation can be captured and tested since you have already given consent. No further consent is necessary.
In reality in Florida, the implied consent warning is often used as evidence against you if you refuse to take the tests.
Frequently, prosecutors are left without a breath test result or any evidence whatsoever of the alcohol content of a driver’s breath or blood. To help prosecutors still obtain convictions when a person refuses to take the requested test, the Florida Legislature created Florida’s Implied Consent Statute.
The law requires an officer to inform a driver who has refused testing that:
- his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege:
- For 1 year for a first refusal
- For 18 months for a second or subsequent refusal.
- and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood
- he or she commits a misdemeanor of the first degree.
- Finally, he or she shall also be told that the refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.
So, to summarize, a person who refuses a lawful implied consent test faces the following consequences:
- Suspension of driving privilege for 1 year for a first refusal
- Suspension of driving privileges for 18 months for second or subsequent refusal
- A criminal charge for refusal for second or subsequent refusals
- Punishable by up to 1 year in jail and a $1,000 fine
- The jury will be told they refused to take the test (Consciousness of Guilt).
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
