eLaws of Florida

  SECTION 316.1939. Refusal to submit to testing; penalties.  


Latest version.
  • 1(1) 2Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 27316.1932, 28and 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:
    54(a) 55Who 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;
    92(b) 93Who was placed under lawful arrest for a violation of s. 104316.193 105unless such test was requested pursuant to s. 113316.1932(1)(c);
    114(c) 115Who 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;
    163(d) 164Who 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
    216(e) 217Who, 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

    243commits a misdemeanor of the first degree and is subject to punishment as provided in s. 259775.082 260or s. 262775.083263.

    264(2) 265The 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.
    290(3) 291The 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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