Florida, like other states, utilizes the implied consent rule. When you obtain your driver’s license, you consent to DUI testing. In Florida, the legal drinking limit is 0.08% blood alcohol concentration (BAC). If you are thought to be driving under the influence, you’ll be asked to submit to a DUI test to determine BAC. While the penalties for being found guilty of DUI can be severe, there are separate penalties imposed for refusal to consent to a BAC test. Before being given a breath test, the officer may ask you to perform some basic field sobriety tests.

Basic Sobriety Testing

If you’re stopped for DUI, the police officer may first have you perform some field sobriety tests. To begin with, the officer may check your eyes and ask you to look at a light. Other tests may then be performed. These may include walking a straight line, standing on one leg, touching your finger to your nose, and reciting the alphabet. Keep in mind that the results of these tests are subjective and they are not covered under the implied consent law.

DUI Testing

DUI tests include breath, urine and blood methods. If the police officer thinks you’ve been drinking, you may be given a breathalyzer test. This is a portable test that is performed in just a few minutes by blowing into a testing device. It’s often used as an initial way to determine whether further testing is warranted. The breathalyzer test can be used as part of the traffic stop. If you’ve been arrested for DUI, or suspicion of DUI, the police will likely take a blood test at the police station. The test will be sent to a laboratory to be analyzed.


Refusal to consent to DUI testing is a separate offense and comes with penalties of its own. If you refuse to take a DUI test could have your driver’s license suspended. It is important to note that if you refuse to take the DUI test this information can be used against you in your initial DUI case. Therefore, in most cases, it may be best for you to take the DUI test as requested. There may be some cases where refusing to take the test may be best, however, you should always consult with an experienced DUI attorney before making this decision.

Defending DUI Charges

DUI charges are serious and come with some stiff penalties for conviction. For this reason, it’s necessary to try to defend DUI charges in the best possible way. Your DUI attorney will review every aspect of your case beginning with the initial traffic stop. Your lawyer will talk to the prosecutor to try to get some charges lowered or even dropped. This may be possible if there is little evidence against you. Remember, penalties won’t apply unless you’re found guilty. If the case proceeds to court, your lawyer will present the best possible defense to get you the best possible results.