Florida’s implied consent law is found in Florida Statute 316.1932. Section 316.1932(1)(a)1.a. of this Florida DUI law states:
“Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath 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. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test.”
If a driver is arrested for driving under the influence in Jacksonville, the police officer is required to inform the driver “that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests.” The police officer must also inform the driver “that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties.”
The Florida DUI implied consent law also applies to urine tests. Urine tests are used to test for drugs, such as marijuana and cocaine. A urine test will also test for certain controlled substances, such as Xanax and Hydrocodone. Section 316.1932(1)(a)1.b applies to Jacksonville driving under the influence cases that are drug related. It is very similar to the section above.
In my career as a Jacksonville criminal lawyer, I have represented people living in Clay, Duval, and St. Johns County there were charged with DUI. In some of those cases, an accident with injuries occurred, and my client was taken to the hospital. This is where Section 316.1932(1)(c) applies. A police officer may only use this section of the FL implied consent law in limited circumstances. The FL DUI law states:
“Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible.”
If you have been arrested for driving under the influence in Duval, Clay, Nassau, or St. Johns County, talk to a Jacksonville lawyer with experience defending DUI cases. You may call (904) 564-2525 to contact a Jacksonville criminal defense attorney about your case.