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Chemical Testing of DUI in Florida

Refusal to submit to a breath, urine or blood test is admissible as evidence in DUI criminal cases. The second refusal by a person is a misdemeanor of the first degree. After the first refusal by a person of a breath, urine or blood test, that person gets his or her license suspended for a period of one year. If that person refuses a second time (in a separate incident) then he or she shall have his or her license suspended for an 18-month period. The first time a person refuses to submit to a breath, urine or blood test and is driving a motor vehicle, he or she shall be banned by the state from driving any commercial vehicles for one year. If a person refuses to submit to a blood, urine or breath test a second time (on a separate occasion than the first) and is driving a motor vehicle, then he or she shall have his or her license suspended from driving commercial vehicles permanently. If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the person refuses. Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition(s) shall be deemed not to have withdrawn his consent to such test. A blood test may be administered regardless of whether such person is told that his failure to submit to such a blood test will result in the suspension of his or her legal ability to operate a motor vehicle. Portable breath tests are admissible in a court of law for cases involving minors.


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