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Florida Statutes § 316.1932

Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.

Florida DUI statute · Checked against the official text October 5, 2026 · How we research and review these pages

What this section governs

Florida implied consent to breath, urine and medical-facility blood tests, the refusal warning, and refusal admissibility.

Plain-language summary

Section 316.1932 is Florida’s implied-consent statute: it sets out when a driver is deemed to have consented to a chemical test, what an officer must tell a driver who refuses one, and that a refusal can be used in evidence. Under subsection (1)(a)1.a. a person who accepts the privilege of operating a motor vehicle in the state is, by operating such vehicle, deemed to have consented to an approved chemical or physical test — including, but not limited to, an infrared light test — of the breath to determine the alcoholic content of the blood or breath, if the person is lawfully arrested for any offense allegedly committed while driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages. The test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe the person was driving or in actual physical control while under the influence, and administering a breath test does not preclude another type of test. The warning the section requires is specific. The person shall be told that failure to submit to any lawful test of the breath will result in suspension of the privilege to operate a motor vehicle for 1 year for a first refusal, or for 18 months if the driving privilege has previously been suspended or the person has previously been fined under s. 327.35215 as a result of a refusal to submit to a test required under this chapter or chapter 327, and shall also be told that refusing a lawful breath test is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 — a misdemeanor of the first degree where the driving privilege has previously been suspended or the person has previously been fined under s. 327.35215 for a prior refusal of a breath, urine or blood test — in addition to any other penalties provided by law. The refusal of a chemical or physical breath test requested by an officer under this section is admissible into evidence in any criminal proceeding. Sub-subparagraph b. carries the same structure over to urine: consent is deemed given to a urine test to detect the chemical substances set forth in s. 877.111 or controlled substances after a lawful arrest for an offense allegedly committed while driving or in actual physical control under the influence of those substances; the test must be incidental to the arrest and administered at a detention facility or any other facility, mobile or otherwise, equipped to administer it, in a reasonable manner that ensures the accuracy of the specimen and maintains the privacy of the individual; the same 1-year and 18-month warning and the same second- and first-degree misdemeanor language apply; and a urine refusal is likewise admissible into evidence in any criminal proceeding. Paragraph (c) covers blood, and it is narrower than the other two: consent to an approved blood test is deemed given where there is reasonable cause to believe the person was driving or in actual physical control while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic or other medical facility and the administration of a breath or urine test is impractical or impossible. The paragraph defines “other medical facility” to include an ambulance or other medical emergency vehicle, requires the blood test to be performed in a reasonable manner, and provides that a person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn consent. A blood test may be administered whether or not the person is told that failure to submit will result in suspension of the privilege to operate a motor vehicle on this state's public highways, and that a blood refusal is a misdemeanor where the driving privilege has previously been suspended for refusing a lawful test of the breath, urine or blood; a person who is capable of refusal shall be told that failure to submit will result in suspension for 1 year for a first refusal, or 18 months where the driving privilege has been suspended previously or the person has previously been fined under s. 327.35215 as a result of a refusal to submit to a test required under this chapter or chapter 327. A blood refusal is admissible in evidence in any criminal proceeding. Paragraph (f) handles mechanics. Tests are administered at an officer’s request substantially in accordance with Department of Law Enforcement rules, which must specify precisely the approved tests and provide an approved method of administration to be followed in all tests given under the section; but an officer’s failure to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes. Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel a hospital authorizes to draw blood, or a duly licensed clinical laboratory director, supervisor, technologist or technician, acting at an officer’s request, may withdraw blood for this purpose. The person tested may, at his or her own expense, have a person of his or her own choosing administer an independent test in addition to the one the officer directs; the officer must not interfere with that opportunity and must provide timely telephone access to secure it, but the burden of arranging and paying for it is the person’s, and a failure or inability to obtain it does not preclude the admissibility of the officer-directed test. Medical institutions and the listed medical personnel assisting an officer incur no civil or criminal liability for the withdrawal or analysis of a blood or urine specimen, or for a chemical or physical test of the breath, pursuant to accepted medical standards when a law enforcement officer requests it, regardless of whether the subject resisted. Two evidentiary rules close the section: under subsection (2) a test result obtained to detect the presence of a controlled substance is not admissible in a criminal prosecution for possession of a controlled substance, and under subsection (3) information about the alcoholic content of the blood or breath, or the presence of chemical or controlled substances in the blood, obtained under this section must be released on request to a court, prosecuting attorney, defense attorney or law enforcement officer in connection with an alleged violation of s. 316.193. What this section does not decide: it states no element of the DUI offense and no fine, jail, interlock or impoundment term — those are s. 316.193 — and the 1-year and 18-month figures above appear only as the content of the warning an officer must give. Nothing in this section says how a suspension is noticed, reviewed or served, so no administrative suspension procedure can be read off it.

Official text (excerpt)

316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.— (1)(a)1.a. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath, he or she commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, or a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327, in addition to any other penalties provided by law. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding. b. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances. The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of a urine test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her urine will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for the first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and shall also be told that if he or she refuses to submit to a lawful test of his or her urine, he or she commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, or a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327, in addition to any other penalties provided by law. The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.

[…] (c) A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible. As used in this paragraph, the term “other medical facility” includes an ambulance or other medical emergency vehicle. The blood test shall be performed in a reasonable manner. A person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn his or her consent to such test. A blood test may be administered whether or not the person is told that his or her failure to submit to such a blood test will result in the suspension of the person’s privilege to operate a motor vehicle upon the public highways of this state and that a refusal to submit to a lawful test of his or her blood, if his or her driving privilege has been previously suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor. A person who is capable of refusal shall be told that his or her failure to submit to such a blood test will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of the person has been suspended previously or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327. The refusal to submit to a blood test upon the request of a law enforcement officer is admissible in evidence in any criminal proceeding.

[…] (f)1. The tests determining the weight of alcohol in the defendant’s blood or breath shall be administered at the request of a law enforcement officer substantially in accordance with rules of the Department of Law Enforcement. Such rules must specify precisely the test or tests that are approved by the Department of Law Enforcement for reliability of result and ease of administration, and must provide an approved method of administration which must be followed in all such tests given under this section. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes. 2.a. Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining its alcoholic content or the presence of chemical substances or controlled substances therein. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes.

[…] 3. The person tested may, at his or her own expense, have a physician, registered nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person of his or her own choosing administer an independent test in addition to the test administered at the direction of the law enforcement officer for the purpose of determining the amount of alcohol in the person’s blood or breath or the presence of chemical substances or controlled substances at the time alleged, as shown by chemical analysis of his or her blood or urine, or by chemical or physical test of his or her breath. The failure or inability to obtain an independent test by a person does not preclude the admissibility in evidence of the test taken at the direction of the law enforcement officer. The law enforcement officer shall not interfere with the person’s opportunity to obtain the independent test and shall provide the person with timely telephone access to secure the test, but the burden is on the person to arrange and secure the test at the person’s own expense.

[…] 5. A hospital, clinical laboratory, medical clinic, or similar medical institution or physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer does not incur any civil or criminal liability as a result of the withdrawal or analysis of a blood or urine specimen, or the chemical or physical test of a person’s breath pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted administration of the test. (2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance. (3) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or breath or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 316.193 upon request for such information.

Source: Florida Legislature (flsenate.gov), accessed October 5, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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