Do I Have To Submit To a Breathalyzer in Florida?

Wednesday, May 10, 2017

Do I Have To Submit To a Breathalyzer in Florida? 

Florida law requires you to take a breathalyzer, or other chemical or physical test to determine blood alcohol content, if you are lawfully arrested. This means that if you are arrested under suspicion of driving under the influence, then you are required to submit to a breath, blood, or urine test, or face an automatic suspension of your license.

Under Florida's implied consent law, being given a drivers license from the state is a privilege. In accepting that privilege, drivers are deemed to have given their implied consent to submit to a breath, blood, or urine test in the event they are arrested for suspicion of DUI.

You need to know the following about Florida's implied consent law:


  • If you are arrested for DUI, you must submit to a breathalyzer, or other tests to determine your blood alcohol content, that an officer request.
  • Failure to take the test will result in an automatic 1-year suspension of your license.
  • After a 1-year suspension, failure to take the test on a second arrest will result in an automatic 18-month suspension and is considered a misdemeanor.
  • Law enforcement is required to inform the person under arrest of the automatic suspension that comes with refusal to submit to the test.
  • Refusal to submit to a chemical or physical breath test upon request of a law enforcement officer is admissible into evidence in any criminal proceeding.
  • You may be asked to take more than one test, which you cannot refuse without penalty.


Understand that in Florida, you do not have to be caught operating a motor vehicle to be arrested for DUI. The law is such that if you are found to be "in actual physical control of the motor vehicle" then you can be arrested for and charged with DUI. Learn more in our article DUI Charges When Not Actually Driving In Florida.

Refusing to submit to the test does not guarantee that you will not be convicted of DUI. The state may still pursue DUI charges against you, even if they do not have proof that your BAC was over the legal limit of .08%. In such cases, the prosecution may argue that you refused to take the test because you knew you were intoxicated and your blood would test higher than the legal limit.

Need A Florida DUI Defense Attorney?

If you've been charged with a DUI in Florida you need an experienced and compassionate DUI Defense Attorneys on your side. We will ensure your rights are protected and will work diligently to put on a strong defense in your case.

Contact the attorneys at Draper Law Office today (866) 767-4711 or fill out this simple web form. We offer free consultations on all criminal law matters.


Draper Law Office proudly serves clients throughout Central Florida, including Kissimmee, St. Cloud, and Orlando, and Osceola County and Orange County, FL.

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