Florida’s Implied Consent Warning

Florida’s implied consent statute requires the officer to read the warning after the DUI arrest as required by Section 316.1932(1)(a)1.a., Fla. Stat. (2025). If the person after that refused to submit to the lawfully requested chemical test, that refusal might trigger an administrative “on the spot” suspension of the driver’s license. Additionally, the refusal might be admissible at trial to show “consciousness of guilt.”

If the refusal is invalid because the driver was never properly advised of the Florida’s implied consent warning, the administrative suspension should be invalidated (assuming the driver demands a formal review hearing within ten (10) days of the arrest). Likewise, if the officer didn’t read the implied consent warning, the evidence of a “refusal” should be excluded from trial because it is irrelevant.

For the refusal to be admissible in the civil or criminal case, the DUI officer must show that he complied with Florida’s Implied Consent Statute as required by Florida Statute Section 316.1932(1)(a)1.a.

As of October 1, 2025, Florida’s Implied Consent statutes have been updated to require that after the DUI arrest, the driver is told that refusing a breath or urine test is a second-degree misdemeanor on the first refusal. If the driver’s license was previously suspended for refusal, it becomes a first-degree misdemeanor. The administrative suspension is still one year for a first refusal or 18 months for a second or subsequent refusal.

If the driver refuses to submit after the reading of implied consent, the officer will issue the uniform DUI citation that includes the administrative suspension for the refusal.

Effective October 1, 2021, the Florida Legislature amended the implied consent warning to inform individuals that they would be subject to increased penalties if they had previously been fined under section 327.35215(1) Florida Statutes. That section deals with the penalties for failing to submit to a test after being suspected of boating under the influence.

As a result, Florida’s new implied consent warning is even longer, harder to read, and more challenging to understand.

Attorney for the Implied Consent Warning in Tampa, Florida

After an arrest for DUI and refused testing in Tampa, FL, contact an experienced criminal defense attorney at the Sammis Law Firm to determine how Florida’s Implied Consent laws might impact your case.

If the arresting officer didn’t read the implied consent warning or gave you affirmative misadvice, the court might suppress or exclude any mention of the “alleged refusal” or even dismiss the charges because of a due process violation.

Visit our main office in downtown Tampa, FL, in Hillsborough County. We also have offices in Clearwater and New Port Richey, FL. We also represent clients in all surrounding counties, including Hernando County, Pasco County, Pinellas County, and Polk County, FL.

Contact us for a free and confidential consultation. We can discuss the charges pending against you, the typical penalties for that type of charge, and the best defenses that can be used to fight the case aggressively.

Call 813-250-0500 today.

What is “Implied Consent” Warning in Florida?

Consent to submit to a chemical or physical test of breath, blood, or urine is given at two different times in the implied consent statute:

1. when a person applies for a driver’s license; and
2. after they have been lawfully arrested for DUI.

See Florida Statute §316.1932(1).

By accepting the privilege to drive and obtaining a driver’s license, Florida drivers consent in advance to a test of their breath, blood, or urine once probable cause arises that they have driven under the influence.

Based on this concept of “implied consent,” the DUI officer in Florida is trained to ask you to consent to a breath test. If you indicate that you will refuse to take the breath test, the officer will usually take you to a room at central booking where the reading of implied consent will be video and audio recorded.

In some cases, the arresting officer will read the implied consent warning at the roadside immediately after the arrest. The officer is trained to read you the following implied consent warning required under Florida law:

BREATH TESTING

I am now requesting that you submit to a lawful test of your BREATH for the purpose
of determining its alcohol content.

Will you take the test?

__ URINE TEST

I am now requesting that you submit to a test of your urine for the purpose of determining the presence of any chemical or controlled substance.

or

__ BLOOD TEST

I am now requesting that you submit to an approved test of your blood for the purpose of determining its alcoholic content and/or the presence of any chemical or controlled substance.

Will you take the test? __YES __ NO

NOTE: READ ONLY IF THE ANSWER TO THE ABOVE IS “NO”

If you refuse to take the test I have requested of you, your driving privilege will be suspended for a period of one (1) year for a FIRST REFUSAL. Additionally, if you refuse to take the test I have requested of you, you will be committing a
misdemeanor of the SECOND DEGREE if this is your first refusal, in addition to any other penalties which can be imposed by law. If you refuse to take the test I have requested of you, and if your driving privilege has been PREVIOUSLY SUSPENDED, or if you have been PREVIOUSLY FINED under s. 327.35215, for a refusal to submit to a lawful test of your breath, urine, or blood, your driving privilege will be suspended for a period of eighteen (18) months. Additionally, you will be committing a misdemeanor of the FIRST DEGREE, in addition to any other penalties which can be imposed by law. Refusal to submit to the test I have requested is admissible into evidence in any criminal proceeding.

Do you still refuse to submit to this test?

NOTE: IF THE SUBJECT POSSESSES A COMMERCIAL DRIVER’S LICENSE (CDL), READ THE FOLLOWING, REGARDLESS OF WHETHER THE SUBJECT IS OPERATING A COMMERCIAL MOTOR VEHICLE (CMV).

In addition, if you hold a Commercial Driver’s License (CDL), or were driving a Commercial Motor Vehicle (CMV), your refusal to submit to testing will result in the loss of your commercial driving privileges for one year from today. If this is your second refusal, you will be permanently disqualified from operating a Commercial Motor Vehicle (CMV).

Do you still refuse to submit to this test?

Only after a reading of implied consent, can the driver “refuse to submit.” If this warning is not given, or if you did not refuse to take the chemical test after being advised of these consequences, then any evidence of the alleged DUI refusal might not be admissible at trial.

The legislature recently updated Florida’s implied consent law to include a warning that a prior refusal in a BUI case can trigger enhanced consequences.

Florida’s Implied Consent Statute Written in Spanish

Many local law enforcement agencies have an implied consent warning form in English and Spanish.

ESTADO DE LA FLORIDA ADVERTENCIAS DE CONSENTIMIENTO IMPLICADOS

*NO APLICA A CONSENTIMIENTO VOLUNTARIO*

ANÁLISIS DE ORINA

En este momento se le está solicitando que usted se someta a un análisis legal de ORINA con el propósito de determinar la presencia de sustancias controladas o químicas. ¿Se someterá a este análisis?

NOTA: CONTINUE LEYENDO SOLAMENTE SI SU RESPUESTA A LA PREGUNTA ANTERIOR ES “NO”

Si usted rehúsa someterse al analisis que le he solicitado, su privilegio de conducir será suspendido por un período de un (1) año por el PRIMER REHUSO.

Además, si usted rehúsa someterse al analisis que le he pedido, estaría cometiendo un delito menor en SEGUNDO GRADO si este es su primer rehuso ; en adicion a cualquier otra sanción que la ley pueda imponer. Si usted rehúsa a someterse al analisis que le he pedido, y si su privilegio de conducir ha sido SUSPENDIDO ANTERIORMENTE, o si usted ha sido MULTADO ANTERIORMENTE bajo s. 327.35215, por haberse rehusado a someterse a un analisis lícito de aliento, orina, o sangre, su privilegio de conducir será suspendido por un período de dieciocho (18) meses.

Adicionalmente, estaría cometiendo un delito menor en PRIMER GRADO, en adicion a cualquier otra sanción que la ley pueda imponer. El rehusar a someterse al analisis que le he solicitado, es evidencia admisible en cualquier procedimiento penal.

¿Todavía se rehúsa a someterse a tal análisis?

NOTA: SI EL SUJETO TIENE UNA LICENSIA DE CONDUCIR COMERCIAL (CDL), LEA LO SIGUIENTE, INDEPENDIENTEMENTE SI ESTA CONDUCIENDO UN VEHÍCULO MOTORIZADO COMERCIAL (CMV).

Adicionalmente, si posee una licencia de Conducir Comercial (CDL), o previamente condujo un Vehículo Comercial Motorizado (CMV), el rehusarse a someterse a tal análisis resultará en la revocación de sus privilegios comerciales de conducir por un año a partir de hoy en día. Si es su segundo rehusó, será permanentemente descalificado de operar o conducir un Vehículo Comercial Motorizado (CMV).

¿Todavía se rehúsa a someterse a tal análisis?”

Florida’s Implied Consent Warning for Blood Testing

The arresting officer will follow different procedures when requesting a blood draw. In most cases, a warrant is required to draw blood unless the officer has free and voluntary consent or exigent circumstances.

The DUI field packet currently being used by deputies with the Polk County Sheriff’s Office provides the following:

***Read Implied Consent for Blood Draw when Probable Cause for Arrest is Present***

• ____ Implied Consent was read to the subject:
  • ___ Legal Draw
  • ___ Consensual Draw
  • ___ Court-Ordered Draw
• ___ Blood Kit is Sealed.
  • ___ Blood Kit has not expired.
  • ___ Expiration Date is: ____
•  ___ Blood Kit was opened in the presence of _______________ (Collector) and provided to him/her in order to conduct the blood draw.
• ___ Both blood collection tubes were inspected and found to be in good condition.
• ___ The seals appear new, with no visible cracks, holes, or flaws.
• ___ Both blood collection tubes contained the preservative and anticoagulant powder inside.
• ___ Observed injection site to be cleaned with a non-alcohol swab (iodine, betadine, etc.) by _________ (Collector).
• ___ Collection site used was new and not a preexisting IV site.
• ___ Observed the entire blood draw procedure and that both tubes were inverted back and forth to mix the powder with blood.
• ___ Tool custody of the blood collection tubes and placed them into plastic containers from the blood kit.
• ___ Blood was drawn at _________ (Location) on ________ (Date) at ________ (Time).
• ___ Ensured Specimen Collector signed label and Blood Collection Report Card.
• ___ One label was applied to each tube, and an absorbent pad was placed in the kit before closing.
• ___ Secured plastic container containing tubes of blood with two red integrity seals was placed the container inside the plastic bag and then secured inside the Blood Kit cardboard box.
• ___ Sealed box with two or more Evidence Seals and one piece of Evidence Tape.
• ___ Placed Blood Kit inside an Evidence bag.
• ___ Completed the Evidence Card or Label and completed the Lab Request Form for Blood Alcohol Level/Drug Sctccn. (Fill out the correct Lab Request (FDLE or Wuesthoff) and submit it at the time of collection.
• ___ The blood kit was placed inside a refrigerator at the PCSO Crime Scene Investigation Section or another approved depository.
• ___ The key was placed inside a lock box.

Read more about attorneys for DUI legal blood tests in Florida.

The DUI Officer’s Duties after the Refusal

inWhen a person refuses to submit to a blood test, breath test, or urine test pursuant to s. 327.352, F.S., a law enforcement officer authorized to make arrests for DUI is required to file with the clerk of the court, on a form provided by the commission a certified statement that probable cause existed to arrest the person for a violation of s. 327.35, F.S., and that the person refused to submit to a test as required by s. 327.352, F.S.

Along with the statement, the officer is also required to submit a sworn statement that the person has been advised of both the penalties for failure to submit to the blood, breath, or urine test and the procedure for requesting a hearing. Section 327.35215(2), F.S.

Additional Resources

Florida Implied Consent Warning Update – Learn more about the most recent updates to Florida’s Implied Consent Warnings as explained by the Florida Law Enforcement Liaison (LEL) Program. The LEL Program is funded by the Florida Department of Transportation (FDOT) and the National Highway Traffic Safety Administration (NHTSA) to support law enforcement agencies across Florida through traffic safety initiatives.

Florida Statute Section 316.1932  – Read the statutory language for “Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.”

Wikipedia on Implied Consent – Read an article on Wikipedia about implied consent statutes and legal theories throughout the United States. The article explains implied consent for breath, blood, and urine testing after driving while intoxicated or impaired and legal theories of implied consent for sexual assault, spousal rape, medical care, reproductive healthcare, and organ donation.

Form for Florida Implied Consent Warning – Visit the National Highway Traffic Safety Administration website. NHTSA was created by the Highway Safety Act of 1970 to carry out safety programs previously administered by the National Highway Safety Bureau. APPENDIX E on the NHTSA website provides a form for reading Florida’s Implied Consent Warning after a DUI arrest.

This article was last updated on Friday, January 30, 2026.