Implied Consent

The Right to Refuse a Breat Test in Florida & Implied Consent

Any person who exercises the privilege of obtaining a license to drive in Florida, or of operating a motor vehicle within the State, is deemed to have given his consent to submit to an approved chemical test or other physical test. These tests include, but are not limited to an infrared light test of breath for the purpose of determining the alcoholic content of blood or breath, and a urine test for the purpose of detecting the presence of certain chemical substances or controlled substances. These tests are applicable if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances. In addition, a nonresident or any other person driving in a status exempt from the requirements of the driver’s license law, by the act of driving in that exempt status, is deemed to consent to these requirements.

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