Last updated January 2026
Most drivers in Florida don’t realize that the moment they get their license, they also give “implied consent” to submit to lawful breath, blood, or urine testing if suspected of DUI. Refusing can trigger serious penalties — even if you’re never convicted in court.
Here’s what every driver in Fort Lauderdale and Broward County needs to know about Florida’s implied consent law.
📜 What Is Florida’s Implied Consent Law?
Under Florida Statute §316.1932, by operating a vehicle in Florida you automatically agree to:
Provide a breath, blood, or urine sample if lawfully arrested for DUI
Submit to testing when requested by an officer with probable cause
⚠️ Refusal doesn’t mean “no consequences.” In fact, it carries its own penalties.
🚫 Refusing a Breath Test in Florida
First refusal: Automatic 1-year license suspension
Second refusal: 18-month suspension + misdemeanor criminal charge
Refusal can also be used against you at trial as “consciousness of guilt” evidence
📉 Failing a Breath Test
If you take the test and blow 0.08 or higher:
First offense: 6–12 month suspension
Repeat offenses: Longer suspensions and mandatory ignition interlock
You face both administrative suspension and possible criminal penalties
⏱️ The 10-Day Rule Still Applies
After any DUI arrest — whether you refuse or fail testing — you have just 10 days to request a DHSMV hearing. Without it:
Your suspension goes into effect automatically
You may lose the chance at a hardship license
Driving without reinstatement can lead to new criminal charges
🛡️ How a Lawyer Helps in Implied Consent Cases
A Fort Lauderdale DUI lawyer can:
📄 Challenge the legality of the stop or arrest
🧪 Attack test accuracy, machine calibration, and officer procedure
🚫 Argue that the refusal was not willful (e.g., medical issues, language barrier)
🚗 Seek a hardship license so you can keep driving for essential needs
📍 Fort Lauderdale DUI Defense You Can Count On
Whether you refused the test or failed it, Florida’s implied consent law can hit you hard before your court case even begins.
👉 Protect your license and your future by speaking with a proven Fort Lauderdale DUI lawyer today.
❓ FAQs: Implied Consent in Florida
❓🚗 What is Florida’s implied consent law?
It’s the law that says all licensed drivers consent in advance to DUI testing. Refusal carries automatic penalties.
❓⚖️ What happens if I refuse a breath test?
First refusal = 1-year suspension. Second refusal = 18-month suspension and a separate misdemeanor charge.
❓🧪 What if I fail the breath test instead?
A BAC of 0.08+ leads to license suspension and can be used in court as evidence of impairment.
❓📆 Can I challenge my license suspension?
Yes. You have 10 days to request a DHSMV hearing. A lawyer can fight for reinstatement or a hardship license.
❓👨⚖️ Do I need a lawyer if I refused testing?
Absolutely. A DUI lawyer can fight both the suspension and the criminal charge, giving you the best chance to save your license.