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2nd Refusal
316.1939 Refusal to submit to testing;
penalties.--
(1) Any person who has refused to submit to a chemical or physical test of his
or her breath, blood, or urine, as described in s. 316.1932,
and whose driving privilege was
previously suspended for a prior refusal to submit to a lawful test of his or
her breath, urine, or blood,
and:
(a) Who the arresting law enforcement officer had probable cause to believe was
driving or in actual physical control of a motor vehicle in this state while
under the influence of alcoholic beverages, chemical substances, or controlled
substances;
(b) Who was placed under lawful arrest for a violation of s. 316.193 unless such
test was requested pursuant to s. 316.1932(1)(c);
(c) Who was informed that, if he or she refused to submit to such test, his or
her privilege to operate a motor vehicle would be suspended for a period of 1
year or, in the case of a second or subsequent refusal, for a period of 18
months;
(d) Who was informed that a refusal to submit to a lawful test of his or her
breath, urine, or 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; and
(e) Who, after having been so informed, refused to submit to any such test when
requested to do so by a law enforcement officer or correctional officer
commits a misdemeanor of
the first degree and is
subject to punishment as provided in s. 775.082 or s. 775.083.
(2) The disposition of any administrative proceeding that relates to the
suspension of a person's driving privilege does not affect a criminal action
under this section.
(3) The disposition of a criminal action under this section does not affect any
administrative proceeding that relates to the suspension of a person's driving
privilege.
The department's records
showing that a person's license has been previously suspended for a prior
refusal to submit to a lawful test of his or her breath, urine, or blood shall
be admissible and shall create a rebuttable presumption of such suspension.
History.--s. 5, ch. 2002-263.
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