Florida criminal charge
Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal in Florida
Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal is a criminal offense under Florida law, defined by Fla. Stat. § 316.1932. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 316.1932.
What is the penalty for tests for alcohol, chemical substances, or controlled substances; implied consent; refusal in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Refusal to submit to breath test — first refusal — A person refuses to submit to a lawful breath test upon request of a law enforcement officer and has no prior suspension or fine for a prior refusal.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Refusal to submit to breath test — first refusal — A person refuses to submit to a lawful breath test upon request of a law enforcement officer and has no prior suspension or fine for a prior refusal.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Refusal to submit to breath test — subsequent refusal — A person refuses to submit to a lawful breath test and his or her driving privilege had been previously suspended, or he or she had previously been fined under s. 327.35215, for a prior refusal to submit to a breath, urine, or blood test.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Refusal to submit to breath test — subsequent refusal — A person refuses to submit to a lawful breath test and his or her driving privilege had been previously suspended, or he or she had previously been fined under s. 327.35215, for a prior refusal to submit to a breath, urine, or blood test.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Refusal to submit to urine test — first refusal — A person refuses to submit to a lawful urine test upon request of a law enforcement officer and has no prior suspension or fine for a prior refusal.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Refusal to submit to urine test — first refusal — A person refuses to submit to a lawful urine test upon request of a law enforcement officer and has no prior suspension or fine for a prior refusal.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Refusal to submit to urine test — subsequent refusal — A person refuses to submit to a lawful urine test and his or her driving privilege had been previously suspended, or he or she had previously been fined under s. 327.35215, for a prior refusal to submit to a breath, urine, or blood test.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Refusal to submit to urine test — subsequent refusal — A person refuses to submit to a lawful urine test and his or her driving privilege had been previously suspended, or he or she had previously been fined under s. 327.35215, for a prior refusal to submit to a breath, urine, or blood test.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is tests for alcohol, chemical substances, or controlled substances; implied consent; refusal classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Refusal to submit to breath test — first refusal | Misdemeanor of the Second Degree | A person refuses to submit to a lawful breath test upon request of a law enforcement officer and has no prior suspension or fine for a prior refusal. | Fla. Stat. § 316.1932(1)(a)1. |
| Refusal to submit to breath test — subsequent refusal | Misdemeanor of the First Degree | A person refuses to submit to a lawful breath test and his or her driving privilege had been previously suspended, or he or she had previously been fined under s. 327.35215, for a prior refusal to submit to a breath, urine, or blood test. | Fla. Stat. § 316.1932(1)(a)1. |
| Refusal to submit to urine test — first refusal | Misdemeanor of the Second Degree | A person refuses to submit to a lawful urine test upon request of a law enforcement officer and has no prior suspension or fine for a prior refusal. | Fla. Stat. § 316.1932(1)(a)1. |
| Refusal to submit to urine test — subsequent refusal | Misdemeanor of the First Degree | A person refuses to submit to a lawful urine test and his or her driving privilege had been previously suspended, or he or she had previously been fined under s. 327.35215, for a prior refusal to submit to a breath, urine, or blood test. | Fla. Stat. § 316.1932(1)(a)1. |
Common questions about tests for alcohol, chemical substances, or controlled substances; implied consent; refusal in Florida
Is tests for alcohol, chemical substances, or controlled substances; implied consent; refusal a felony or a misdemeanor in Florida?
It depends on the circumstances: tests for alcohol, chemical substances, or controlled substances; implied consent; refusal ranges from a Misdemeanor of the Second Degree to a Misdemeanor of the First Degree in Florida under Fla. Stat. § 316.1932.
Refusal to submit to breath test — first refusal: Misdemeanor of the Second Degree (Fla. Stat. § 316.1932(1)(a)1.) · Refusal to submit to breath test — subsequent refusal: Misdemeanor of the First Degree (Fla. Stat. § 316.1932(1)(a)1.) · Refusal to submit to urine test — first refusal: Misdemeanor of the Second Degree (Fla. Stat. § 316.1932(1)(a)1.) · Refusal to submit to urine test — subsequent refusal: Misdemeanor of the First Degree (Fla. Stat. § 316.1932(1)(a)1.)
What are the penalties for tests for alcohol, chemical substances, or controlled substances; implied consent; refusal in Florida?
Penalties for tests for alcohol, chemical substances, or controlled substances; implied consent; refusal in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Misdemeanor of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers tests for alcohol, chemical substances, or controlled substances; implied consent; refusal?
Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal is governed by Fla. Stat. § 316.1932 (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.