Implied Consent

Implied Consent in BUI Cases in Florida

After a BUI arrest, the person is told that their failure to submit to any lawful test of their breath under this chapter will result in a civil penalty of $500, and that if they refuse to submit to a lawful test of their breath and they have been previously fined under s. 327.35215 or has previously had their driver’s license suspended for refusal to submit to any lawful test of their breath, urine, or blood, they commit a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, in addition to any other penalties provided by law.

The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding. See § 327.352, Fla. Stat.

For a first refusal in a BUI case, there is a $500 fine. Effective October 1, 2021, the person may request a hearing with a county court judge within 30 days. At the hearing, the court can invalidate the civil penalty or sustain the civil penalty.

Failure to request a hearing within the 30 days divests the county court of jurisdiction to consider the infraction making the fine is due and owing.

BUI refusals are reported on the Driving Record.

Section 327.35215(3) explains the penalty for failure to submit to test.

A person who has been advised of the penalties pursuant to subsection (2) may, within 30 days afterwards, request a hearing before a county court judge.

A request for a hearing tolls the period for payment of the civil penalty, and, if assessment of the civil penalty is sustained by the hearing and any subsequent judicial review, the civil penalty must be paid within 30 days after final disposition.

The clerk of the court shall notify the Department of Highway Safety and Motor Vehicles of the final disposition of all actions filed under this section by electronic transmission in a format prescribed by the department.

When the department receives the final disposition, the department shall enter the disposition on the person’s driving record.

Under Section 327.35215(4), it is a crime to unlawful to operate a vessel upon the waters if the fine has not been paid. The offense is charged as a first degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine.