Implied Consent Law in Tampa and Sarasota

As your Tampa DUI Attorney we are frequently asked, what is implied consent and how does it affect my DUI charge?

Breath Test Requirement

First, implied consent is part of one of the covenants you are required to follow as condition of being able to drive. In Tampa, if you have a driver’s license you have given your consent to submit to a breath or blood alcohol test (if there was an accident with serious injury or death) for the purpose of determining your alcohol content if you are arrested for DUI. Therefore, probable cause needs to exist to arrest you for DUI before an officer can ask you to provide a breath, blood or urine sample.

In the event you refuse to provide a breath sample, your driver’s license privileges will be suspended for one year for a first refusal, eighteen months for a second refusal. Additionally, if it is your second refusal you will be charged with a misdemeanor for failure to submit to a breath test.

Urine Tests

Also, in the event that a DUI arrest is made and law enforcement suspects that impairment is not alcohol related or maybe a combination of drugs or alcohol, they can request a urine sample to detect the presence of drugs. The urine test must go hand in hand with a lawful DUI arrest and must be administered at the central breath test or the local jail and the privacy of the person tested must be maintained.

If you are requested to submit to a urine sample it is important you contact a DUI lawyer at Pallegar Law, P.A. today. By law, you must be told that the same rules apply regarding license suspension for collecting urine as for failure to submit to a breath test. That is your license will be suspended for one year for a first refusal or eighteen months for a second or subsequent refusal. You will also be charged with a misdemeanor if it is your second refusal on a previously charged offense.

Blood Tests

In Tampa there are three ways law enforcement can force you to provide a blood sample to determine impairment by drugs or alcohol. The first, when obtaining a breath sample or urine sample is impossible or impractical. The second, mentioned above, is if there has been death or serious injury as a result of a DUI crash. The third, if the law enforcement officer requests blood and the person arrested for DUI consents to the blood drawer. This is known as voluntarily providing a blood sample.

Requirements for a Blood Draw

If a blood sample is requested or consented to as result of a DUI arrest, Florida Statute 316.1932 provides the requirements that must be followed. First, only a physician, paramedic, nurse or other individuals authorized to draw blood may draw blood. Second, you have the right, at your own expense, to request a specific individual authorized to do so to draw your blood. At Pallegar Law, P.A., we recommend that you refuse the voluntary request for blood.

If law enforcement fails to follow the proper protocol with obtaining a breath, blood or urine sample the evidence obtained after it maybe inadmissible in trial. It is important you contact an experienced Tampa DUI lawyer today at Pallegar Law, P.A. for a free case analysis related to the implied consent law in Tampa and your DUI case by calling us at (813) 444-3912.

Client Reviews
★★★★★
I could not be more satisfied and grateful for Mr. Pallegar and his team!! I found myself in some trouble when visiting Florida on vacation. When I got back home up north I started looking for local lawyers in the area and after reading recommendations and reviews, Mr. Pallegar was the clear choice. I did not have to appear in court a single time and Mr. Pallegar treated me as if I was his only client always keeping me in the loop and explaining every step of the process. Living 800+ miles away from where I got in trouble, and having someone put that much dedication and effort into my case is more than I could have asked. I will be sure to recommend anyone I know that needs help to seek out Mr. Pallegar and if you are looking for an honest, intelligent, personal, and professional representative, Mr. Pallegar is your answer. Aaron
★★★★★
Pallegar Law, always put my family first, their team always explained things in full detail, and got the very best results possible. They genuinely care. Our family will forever be grateful. Thank you. Dennis
★★★★★
He took me on and from the word go communicated everything in a timely and professional fashion about how everything is going to be played it; and then delivered word for word. The best part about them apart from their professionalism and efficiency would have to be their honesty which lets you entrust them, which in today's day and age is a rare virtue. Hemant
★★★★★
Excellent communication skills between the staff and client. I always felt I was in the know as to what to expect next. Ajay was up front on possible outcomes of the case and did not promise unrealistic results. Hope to not need them again, but definitely would recommend them. Steve
Contact Us for a Free Consultation
Free Consultation: 813-444-3912