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Testing and evidence

Implied consent and refusal in Florida

The test requested, legal grounds and applicable statute matter.

Under the cited refusal rule in Florida: 1 year for a first refusal; 18 months if previously suspended for a refusal. The conditions below identify its scope. A roadside screening request, an evidential test and a warrant are not interchangeable legal grounds.

What a refusal does in Florida

Suspension length after a refusal
1 year for a first refusal; 18 months if previously suspended for a refusal
Verified Fla. Stat. § 322.2615Official source (opens in a new tab)
Other consequences of refusing
Not published yet. We show a figure only once it has been confirmed against the official source and dated.Whether a refusal is separately chargeable, and whether it can be used as evidence, varies by state.
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Roadside tests and chemical tests are different things

Identify what was requested: a field sobriety exercise, a roadside screening test, or a chemical test of breath, blood or urine. Do not assume the same refusal rule applies to all of them. The relevant statute, any warrant, and the circumstances of the request determine the legal question for a lawyer to review.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
Not published yet. We show a figure only once it has been confirmed against the official source and dated.Check the suspension notice or order and the licensing agency’s official instructions. Do not rely on the criminal court date.
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
After a refusal
1 year for a first refusal; 18 months if previously suspended for a refusal
Verified Fla. Stat. § 322.2615Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.