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Implied Consent Law in Florida

A defendant who for reasons of unconsciousness cannot consent to a DUI test is deemed by the state of Florida to have impliedly consented to the tests set forth by the state to uncover whether the driver is under the influence of alcohol. If a driver is passed out or asleep or for some reason other than that (mental or physical incapacitation) cannot respond to the officers issuing the field sobriety test, then they are deemed by the state to have impliedly consented to the field sobriety test. If necessary, then the police officer may withdraw blood in a forceful manner in a DUI case in which serious bodily injury or death is involved with either the driver or another person. The forceful withdrawal of blood may only be done by a licensed medical officer with the assistance in using force by the arresting officer. This is the case even if the driver refuses.


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