Florida’s Implied Consent Law applied in Sarasota and Manatee Counties

Understanding Implied Consent in Florida

If you drive in Florida, you automatically agree to the state’s Implied Consent Law. This law means that by obtaining a driver’s license and operating a vehicle on Florida roads, you consent to chemical testing—including breath, blood, and urine tests—if law enforcement suspects you of driving under the influence (DUI). This law is strictly enforced in Sarasota and Manatee County.

What Is Implied Consent?

Implied consent is a legal doctrine that applies to all licensed drivers in Florida. Under Florida Statute 316.1932, any driver lawfully arrested for DUI in Sarasota or Manatee County must submit to alcohol or drug testing. Refusal to comply can result in severe penalties, including license suspension and fines.

Refusing a DUI Test in Sarasota and Manatee 

Refusing a breathalyzer, blood, or urine test under Florida’s Implied Consent Law carries significant consequences. Many drivers mistakenly believe they can avoid DUI charges by refusing testing, but this is not the case. Law enforcement officers in Sarasota and Bradenton are trained to handle refusals and will impose immediate penalties including a suspension of driving privileges. If you are arrested for DUI, law enforcement will seize your drivers’ license and you will have to apply for hardship license through the Bureau of Administrative Review office. If this is your first DUI arrest than you may qualify for a hardship, provided you have registered for DUI Level 1 School. Therefore, you will not have any interruption in your driving privileges. However, you only have ten (10) calendar days to apply after the initial arrest. 

Consequences of Refusing a DUI Test in Sarasota or Manatee

1. First Refusal: A one-year driver’s license suspension. Eligible for hardship license reinstatement immediately with no interruption in driving. 
2. Second or Subsequent Refusal: An 18-month suspension and possible misdemeanor charges.
3. Use as Evidence in Court: Prosecutors in Sarasota and Manatee counties can use your refusal as evidence of consciousness of guilt.
4. Possible DUI Conviction: Even without chemical test results, officers can use field sobriety tests, officer testimony, and dash cam footage pursue the DUI charge. 

Sarasota and Manatee County DUI Enforcement

Law enforcement agencies such as the Sarasota Police Department, Manatee County Sheriff’s Office, and Florida Highway Patrol routinely patrol major roads like US-41, I-75, and University Parkway looking for signs of impaired driving. DUI checkpoints and saturation patrols are also common, particularly on weekends and holidays.

Can You Challenge a License Suspension for Refusal?

Yes. If you refuse a DUI test in Sarasota or Manatee, you have 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). A successful challenge could restore your driving privileges.

Defenses Against DUI and Implied Consent Violations

If you are facing DUI charges or penalties for refusing a test, an experienced DUI defense attorney in Sarasota or Bradenton may help you challenge the case based on factors like:

Lack of probable cause for the traffic stop. Probable cause is the facts and circumstances that would lead an ordinary prudent person to believe a crime was committed and the person under investigation is most likely the person that committed the crime. 

Ways an Officer May Establish Probable Cause

1. Observations of Impairment (DUI Cases)
   • Bloodshot, watery eyes
   • Slurred speech
   • Smell of alcohol or marijuana
   • Open alcohol containers in the vehicle
   • Poor performance on Field Sobriety Exercises (FSEs)
   • Failing a breathalyzer test
2. Admission of Illegal Activity
   • If you admit to drinking, using drugs, or having illegal substances, this can help establish probable cause.
3. Visible Contraband (Plain View Doctrine)
   • If the officer sees drugs, weapons, or other illegal items in plain sight, they can seize the items and use them as probable cause for arrest or further search.
4. Drug Sniffing Dogs
   • If an officer calls for a K-9 unit, and the drug-sniffing dog alerts to the presence of drugs, this can establish probable cause for a vehicle search.
   • The officer cannot unreasonably prolong the traffic stop just to wait for a K-9 unit.
5. Incriminating Evidence on Your Record
   • If an officer pulls you over and learns you have an outstanding warrant or a suspended license, this can serve as probable cause for arrest.

What Happens if Probable Cause Is Lacking?

If an officer arrests or searches your vehicle without valid probable cause, any evidence obtained could be thrown out in court under the Exclusionary Rule. This means:

• A lawyer can challenge the legality of the stop, search, or arrest.
• If successful, charges could be reduced or dismissed.

Improper administration of field sobriety tests. Florida follows the Standardized Field Sobriety Tests (SFSTs) developed by the National Highway Traffic Safety Administration (NHTSA) and may also use additional non-standardized tests. The standard exercises include:

1. Horizontal Gaze Nystagmus (HGN) Test
   • The officer asks the driver to follow an object (usually a pen or flashlight) with their eyes.
   • They look for involuntary jerking movements in the eyes, which can indicate intoxication.
2. Walk-and-Turn (WAT) Test
   • The driver must walk heel-to-toe for nine steps in a straight line, turn, and walk back.
   • The officer watches for loss of balance, incorrect steps, failure to follow instructions, or using arms for balance—all possible signs of impairment.
3. One-Leg Stand (OLS) Test
   • The driver must stand on one foot and count aloud (e.g., “one thousand one, one thousand two”) for 30 seconds.
   • Signs of impairment include swaying, hopping, putting the foot down, or using arms for balance.

Sarasota and Manatee DUI Legal Assistance

A DUI charge can have long-lasting effects on your driving record, employment, and insurance rates. If you are arrested for DUI or refuse a breathalyzer test in Sarasota or Manatee County, you should consult with a DUI defense attorney immediately. We offer a 30-minute no charge consultation to discuss your criminal or DUI case. 

Find a DUI Attorney in Sarasota or Bradenton

If you need legal assistance, there are several reputable DUI attorneys serving Sarasota, Bradenton, and surrounding areas who specialize in Implied Consent Law and DUI defense.

Understanding Florida’s Implied Consent Law is important for all drivers in Sarasota and Manatee County. If you are pulled over for DUI, knowing your rights and the consequences of refusal can help you make an informed decision. 

For more information on DUI law in Sarasota and Manatee, call Pallegar Law, PA at 941.893.5816