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What does Florida’s implied consent law mean?

Florida drivers may not be aware of it, but every time you get on the road, you have automatically given police consent to take a urine, blood or breath test if they arrest you for a DUI. This is called Florida’s implied consent law, and it impacts all drivers.

According to Florida State Legislature, refusal to take a breath test will be met with consequences. While some people state that it is within your legal rights to refuse these tests, you need to be sure if your state has implied consent laws first. Most do.

Florida does as well, making it so refusal to take the test can result in a 1 year suspension of your license for even your first offense. Any offense after that will result in an 18 month suspension. You can also face penalties such as fines or even jail time, as refusal to take a breath test in a state with implied consent is considered a misdemeanor. You should also be aware of the fact that tests can be administered without your express consent if you are unconscious, even if you weren’t arrested.

Generally speaking, it is advised to obey the law of implied consent even if you could technically refuse. Just remember that the results of a breath test do not dictate the outcome of a trial, and that refusal may come off as more suspicious. For this reason, along with the increased penalties, refusal is considered more detrimental than simply agreeing to take any tests given.

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