Florida's implied consent law, and the license suspension tied to a refusal, applies to the breath test after an arrest, not to the roadside exercises. Knowing which test is which is the starting point for understanding a DUI stop.
Two different tests that drivers often confuse
Many drivers use the phrase field sobriety test for everything that happens during a DUI stop, but the steps are not the same. Roadside exercises take place before any arrest decision, usually beside the car. The breath test comes after an arrest and is performed on an instrument.
Florida's implied consent law is tied to that later step. By driving in Florida, a driver is deemed to have agreed to a lawful breath test after a DUI arrest. The implied consent license suspension applies to that breath test, not to the roadside exercises.
What the roadside exercises involve
The standard roadside exercises are the horizontal gaze nystagmus test, known as HGN, which is an eye test; the walk and turn; and the one leg stand. They are meant to be given and scored under national NHTSA standards, which describe how instructions are given and what the officer is supposed to look for.
Because the officer does the scoring, conditions matter. The surface, the lighting, the weather, footwear and the clarity of the instructions can all affect how someone performs. A later review of the case looks at whether the exercises were given the way the standards describe.
What a breath test refusal after arrest sets in motion
Florida's implied consent consequences are tied to the breath test after arrest. A first refusal of that test leads to a one year administrative suspension. A second refusal leads to an 18 month suspension and a first degree misdemeanor charge. A refusal can also be used as evidence at trial.
These consequences sit on the administrative track handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). There are 10 days from the arrest to request a formal review hearing on that suspension, and if no request is made, the suspension takes effect.
Why the difference matters after a stop
Most people reading about this question are doing so after a stop, trying to make sense of what happened. The useful questions at that point are practical: which exercises were requested, how they were explained, whether video exists, and whether a breath test was requested after the arrest and what happened next.
Each answer shapes a different part of the case. The exercises bear on the decision to arrest and on the evidence of impairment. The breath test, or a refusal, bears on both the criminal case and the license suspension. This article explains how the rules are structured; it is not advice about what any driver should do at a future stop.
If you want the facts of your own stop reviewed, DUI Lawyers Shield Firm offers a free case review.
Keep reading
- How Body Camera and Dashcam Video Is Used in Florida DUI Cases
- Drug Recognition Experts in Florida DUI Cases: What They Actually Do
- Plea Bargain vs Trial in a Florida DUI Case
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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