316.1939 Refusal to submit to testing; penalties.
426 words·~2 min read·
/fl/title-xxiii/chapter-316/316-1939·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person who has refused to submit to a chemical or physical test of his or her breath or urine, as described in s. 316.1932 , 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 or urine is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 , or if his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327, that a refusal to submit to a lawful test of his or her breath or urine is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 , in addition to any other penalties provided by law; 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 second degree for a first refusal or a misdemeanor of the first degree for a second or subsequent refusal, 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.