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Florida Implied Consent
Breaking it down, sentence by
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316.1932 Tests for alcohol, chemical
substances, or controlled substances; implied consent; refusal.--
(1)(a)1.a. Any
person who accepts the privilege extended by the laws of this state of
operating a motor vehicle within this state is, by so 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 as a result of a refusal to
submit to such a test or tests,
and shall also be told that
if he or she refuses to
submit to a lawful test of his or her breath and his or her driving
privilege has been previously suspended for a prior refusal to submit to a
lawful test of his or her breath, urine, or blood, he or she
commits
a misdemeanor
in addition to any other penalties.
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. Any person who accepts the privilege extended by the laws of this state
of operating a motor vehicle within this state is, by so 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 as a result of a refusal to
submit to such a test or tests,
and shall also be told that
if he or she refuses to
submit to a lawful test of his or her urine and his or her driving privilege
has been previously suspended for a prior refusal to submit to a lawful test
of his or her breath, urine, or blood, he or she
commits a misdemeanor
in addition to any other penalties.
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.
2. The Alcohol Testing
Program within the
Department of Law Enforcement is responsible for the regulation of the
operation, inspection, and registration of
breath test instruments
utilized under the driving and boating under the influence provisions and
related provisions located in this chapter and chapters 322 and 327.
The program is responsible for
the regulation of the
individuals who operate, inspect, and instruct on the breath test instruments
utilized in the driving and boating under the influence provisions and related
provisions located in this chapter and chapters 322 and 327.
The program is further
responsible for the regulation of
blood analysts who conduct blood
testing to be utilized
under the driving and boating under the influence provisions and related
provisions located in this chapter and chapters 322 and 327. The program shall:
a. Establish uniform
criteria for the issuance
of permits to breath test operators, agency inspectors, instructors, blood
analysts, and instruments.
b. Have the authority to
permit breath test
operators, agency inspectors, instructors, blood analysts, and instruments.
c. Have the authority to
discipline and suspend, revoke, or renew the permits
of breath test operators, agency inspectors, instructors, blood analysts, and
instruments.
d. Establish uniform
requirements for instruction and curricula
for the operation and inspection of approved instruments.
e. Have the authority to
specify one approved curriculum
for the operation and inspection of approved instruments.
f. Establish a procedure
for the approval of breath
test operator and agency inspector classes.
g. Have the authority to
approve or disapprove breath test instruments
and accompanying paraphernalia for use pursuant to the driving and boating under
the influence provisions and related provisions located in this chapter and
chapters 322 and 327.
h. With the approval of the executive director of the Department of Law
Enforcement, make and enter into contracts and agreements with other agencies,
organizations, associations, corporations, individuals, or federal agencies as
are necessary, expedient, or incidental to the performance of duties.
i. Issue final orders which include
findings of fact and conclusions
of law and which constitute
final agency action for the purpose of chapter 120.
j. Enforce compliance with the provisions of this section through civil or
administrative proceedings.
k. Make recommendations concerning any matter within the purview of this
section, this chapter, chapter 322, or chapter 327.
l. Promulgate rules for the administration and implementation of this section,
including definitions of terms.
m. Consult and cooperate with other entities for the purpose of implementing the
mandates of this section.
n. Have the authority to
approve the type of blood test utilized
under the driving and boating under the influence provisions and related
provisions located in this chapter and chapters 322 and 327.
o. Have the authority to
specify techniques and methods for breath alcohol testing and blood testing
utilized under the driving and boating under the influence provisions and
related provisions located in this chapter and chapters 322 and 327.
p. Have the authority to
approve repair facilities for the approved breath test instruments,
including the authority to
set criteria for approval.
Nothing in this section shall be construed to supersede provisions in this
chapter and chapters 322 and 327.
The specifications in this
section are derived from the power and authority previously and currently
possessed by the Department of Law Enforcement and are enumerated to conform
with the mandates of chapter 99-379, Laws of Florida.
(b)1. The blood-alcohol
level must be based upon
grams of alcohol per 100 milliliters of blood. The breath-alcohol level must be
based upon grams of alcohol per 210 liters of breath.
2. An analysis of a person's breath,
in order to be considered valid
under this section, must
have been performed substantially according to methods approved by the
Department of Law Enforcement.
For this purpose, the
department may approve satisfactory techniques or methods.
Any insubstantial differences
between approved techniques and actual testing procedures in any individual case
do not render the test or test results invalid.
(c) Any 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.
Any 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.
Any 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 as a result
of a refusal to submit to such a test or tests, 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 a prior refusal to submit to a lawful test of his or
her breath, urine, or blood,
is a misdemeanor.
The refusal to submit to a
blood test upon the request of a law enforcement officer is admissible in
evidence in any criminal proceeding.
(d) If the arresting
officer does not request
a chemical or physical breath test of the person 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 or
controlled substances, such person may request the arresting officer to have a
chemical or physical test made of the arrested person's breath or a test of the
urine or blood for the purpose of determining the alcoholic content of the
person's blood or breath or the presence of chemical substances or controlled
substances; and, if so requested, the arresting officer shall have the test
performed.
(e)1. By applying for a driver's license and by accepting and using a driver's
license, the person holding the driver's license
is deemed to have expressed his or
her consent to the
provisions of this section.
2. A nonresident or any other person driving in a status exempt from the
requirements of the driver's license law, by his or her act of driving in such
exempt status, is deemed to have expressed his or her consent to the provisions
of this section.
3. A warning of the consent provision of this section shall be printed on each
new or renewed driver's license.
(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.
b. Notwithstanding any provision of law pertaining to the confidentiality of
hospital records or other medical records, if a health care provider, who is
providing medical care in a health care facility to a person injured in a motor
vehicle crash, becomes aware, as a result of any blood test performed in the
course of that medical treatment, that the person's blood-alcohol level meets or
exceeds the blood-alcohol level specified in s. 316.193(1)(b), the health care
provider may notify any law enforcement officer or law enforcement agency.
Any such notice must be given
within a reasonable time after the health care provider receives the test
result.
Any such notice shall be used
only for the purpose of providing the law enforcement officer with reasonable
cause to request the withdrawal of a blood sample pursuant to this section.
c. The notice shall consist only of the name of the person being treated, the
name of the person who drew the blood, the blood-alcohol level indicated by the
test, and the date and time of the administration of the test.
d. Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice
act affects the authority to provide notice under this section, and the health
care provider is not considered to have breached any duty owed to the person
under s. 395.3025(4), s. 456.057, or any applicable practice act by providing
notice or failing to provide notice.
It shall not be a breach of any
ethical, moral, or legal duty for a health care provider to provide notice or
fail to provide notice.
e. A civil, criminal, or administrative action may not be brought against any
person or health care provider participating in good faith in the provision of
notice or failure to provide notice as provided in this section.
Any person or health care
provider participating in the provision of notice or failure to provide notice
as provided in this section shall be immune from any civil or criminal liability
and from any professional disciplinary action with respect to the provision of
notice or failure to provide notice under this section.
Any such participant has the
same immunity with respect to participating in any judicial proceedings
resulting from the notice or failure to provide notice.
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.
4. Upon the request of the person tested,
full information
concerning the results of the test taken at the direction of the law enforcement
officer shall be made available to the person or his or her attorney.
Full information is limited
to the following:
a. The type of test administered and the procedures followed.
b. The time of the collection of the blood or breath sample analyzed.
c. The numerical results of the test indicating the alcohol content of the blood
and breath.
d. The type and status of any permit issued by the Department of Law Enforcement
which was held by the person who performed the test.
e. If the test was administered by means of a breath testing instrument, the
date of performance of the most recent required inspection of such instrument.
Full information does not
include manuals, schematics, or software of the instrument used to test the
person or any other material that is not in the actual possession of the state.
Additionally, full information
does not include information in the possession of the manufacturer of the test
instrument.
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.
History.--s. 3, ch. 82-155; s. 3, ch. 82-403; s. 1, ch. 83-218; s. 4, ch.
83-228; s. 3, ch. 84-359; s. 2, ch. 86-296; s. 3, ch. 88-5; s. 1, ch. 88-82; s.
2, ch. 91-255; s. 20, ch. 92-58; s. 314, ch. 95-148; s. 4, ch. 96-330; s. 1, ch.
98-27; s. 6, ch. 2000-160; s. 1, ch. 2000-226; s. 2, ch. 2002-263; s. 1, ch.
2003-54; s. 33, ch. 2005-164; s. 1, ch. 2006-247.
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