Tampa driving under the influence attorneys often receive questions concerning “implied consent” and why they were compelled to take a breath test. Theoretically, implied consent should be presented to the individual being investigated for driving under the influence in Florida in every case. Obviously, if an individual isn’t read implied consent prior to being requested to take a breath, blood or urine test, that could potentially provide a basis for a motion to suppress the test results.
First and foremost, Florida’s implied consent is codified as Florida Statute Section 316.1932. This Statute quickly provides the basis and rationale of implied consent essentially stating that by accepting the privilege of driving with a Florida driver’s license results in the driver voluntarily consenting to chemical tests permitted by law. The chemical tests currently permitted by law include blood, urine and blood testing. The Statute also provides the proper legal basis for requesting legal chemical tests from a driver. The initial paragraphs of the Statute provide the crux of the statement that officers read to individuals, who under investigation for driving under the influence, prior to the request that they take a legal chemical test.
Secondly, the Statute includes the mandatory license suspension for refusing to submit to a lawful chemical test and other related penalties. For example, the first refusal to submit to a chemical test results in a twelve (12) month driver’s license suspension through the Florida Department of Highway Safety Motors Vehicle. The second refusal to submit to a chemical test results in an eighteen (18) month suspension and the addition of another first degree misdemeanor as an additional criminal charge. The criminal refusal to submit to testing charge results in an additional misdemeanor charge carrying a maximum of one (1) year in county jail and an additional fine under Florida Statute § 316.1939.
Lastly, many motions to suppress specifically deal with this specific portion of the driving under the influence investigation. As you can imagine, many law enforcement officers deviate from the specific language provided for in implied consent either on purpose or inadvertently. Many law enforcement officers may deviate in an attempt to get the individual to consent to a test they would otherwise decline, while others inadvertently may deviate from the specific language of the Statue out of habit. We have filed many motions to suppress regarding the specific language of implied consent and its impact on our client’s ability properly consent to a chemical test.
If you or someone you know has questions about implied consent and/or other issues in your Tampa driving under the influence charge, please contact one of our Tampa driving under the influence attorneys for a free case consultation. We have handled thousands of driving under the influence throughout the Tampa Bay area, including Pinellas, Pasco, Polk, Sarasota and Hillsborough counties. If you would like to contact one of our Tampa driving under the influence attorneys immediately, please use the “contact us now” tab in the upper right corner of our website. We appreciate you taking the time to check out our Tampa driving under the influence attorney blog and we look forward to hearing and working with you.