IMPLIED CONSENT UPDATE

Effective October 1, 2025, Florida's Implied Consent statutes have been updated. The changes affect Sections 316.1932 (Implied Consent) and 316.1939 (DUI Refusal), and establish new statewide procedures and forms for law enforcement use.

Section 316.1932 – Implied Consent

• Motorists must now be advised that refusing a breath or urine test is a second-degree misdemeanor on the first refusal.
• If the motorist's driver license was previously suspended for refusal, it becomes a first-degree misdemeanor.
• License suspensions remain: 1 year for a first refusal and 18 months for subsequent refusals.
• Statutory language in subsections (1)(a)1.a. (breath) and (1)(a)1.b. (urine) has been revised accordingly.

Section 316.1939 – DUI Refusal

• A refusal to submit to a breath or urine test is now a criminal offense on the first refusal.
• Under Section 316.1939(1)(e): a first refusal is a second-degree misdemeanor; subsequent refusals are first-degree misdemeanors.

Implied Consent Procedure

1. After a DUI arrest, the law enforcement officer must request the appropriate test:
   • Breath test for suspected alcohol impairment
   • Urine test for suspected drug impairment
2. If the suspect consents:
   • BAC ≥ 0.08 (motor vehicle): Issue DUI citation and suspension of driver license.
   • BAC ≥ 0.08 (non-motor vehicle): Issue uniform traffic citation (UTC); no DL suspension.
   • BAC < 0.08 with articulable impairment: Request urine test.
3. If the suspect refuses:
   • Read the Implied Consent warnings.
   • If refusal continues: issue DUI citation and suspension of driver license, issue UTC for criminal refusal charge, and complete Refusal Affidavit.
   • Note: No criminal refusal charge may be filed for refusal to submit to blood tests or in non-motor vehicle cases.

New statewide Implied Consent forms and Refusal Affidavits were developed in partnership with the Florida Department of Transportation (FDOT), the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), and the Florida Impaired Driving Coalition (FIDC). The updated forms are available for law enforcement use beginning October 1, 2025.