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Florida Statute 316.1932 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.1932
316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
(1)(a)1.a. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and 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, he or she commits 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. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.
b. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances. The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of a urine test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her urine will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for the first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and shall also be told that if he or she refuses to submit to a lawful test of his or her urine and 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, he or she commits 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. The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.
2. The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program is responsible for the regulation of the individuals who operate, inspect, and instruct on the breath test instruments utilized in the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program is further responsible for the regulation of blood analysts who conduct blood testing to be utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program shall:
a. Establish uniform criteria for the issuance of permits to breath test operators, agency inspectors, instructors, blood analysts, and instruments.
b. Have the authority to permit breath test operators, agency inspectors, instructors, blood analysts, and instruments.
c. Have the authority to discipline and suspend, revoke, or renew the permits of breath test operators, agency inspectors, instructors, blood analysts, and instruments.
d. Establish uniform requirements for instruction and curricula for the operation and inspection of approved instruments.
e. Have the authority to specify one approved curriculum for the operation and inspection of approved instruments.
f. Establish a procedure for the approval of breath test operator and agency inspector classes.
g. Have the authority to approve or disapprove breath test instruments and accompanying paraphernalia for use pursuant to the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.
h. With the approval of the executive director of the Department of Law Enforcement, make and enter into contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies as are necessary, expedient, or incidental to the performance of duties.
i. Issue final orders which include findings of fact and conclusions of law and which constitute final agency action for the purpose of chapter 120.
j. Enforce compliance with this section through civil or administrative proceedings.
k. Make recommendations concerning any matter within the purview of this section, this chapter, chapter 322, or chapter 327.
l. Promulgate rules for the administration and implementation of this section, including definitions of terms.
m. Consult and cooperate with other entities for the purpose of implementing the mandates of this section.
n. Have the authority to approve the type of blood test utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.
o. Have the authority to specify techniques and methods for breath alcohol testing and blood testing utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.
p. Have the authority to approve repair facilities for the approved breath test instruments, including the authority to set criteria for approval.

Nothing in this section shall be construed to supersede provisions in this chapter and chapters 322 and 327. The specifications in this section are derived from the power and authority previously and currently possessed by the Department of Law Enforcement and are enumerated to conform with the mandates of chapter 99-379, Laws of Florida.

(b)1. The blood-alcohol level must be based upon grams of alcohol per 100 milliliters of blood. The breath-alcohol level must be based upon grams of alcohol per 210 liters of breath.
2. An analysis of a person’s breath, in order to be considered valid under this section, must have been performed substantially according to methods approved by the Department of Law Enforcement. For this purpose, the department may approve satisfactory techniques or methods. Any insubstantial differences between approved techniques and actual testing procedures in any individual case do not render the test or test results invalid.
(c) A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible. As used in this paragraph, the term “other medical facility” includes an ambulance or other medical emergency vehicle. The blood test shall be performed in a reasonable manner. A person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn his or her consent to such test. A blood test may be administered whether or not the person is told that his or her failure to submit to such a blood test will result in the suspension of the person’s privilege to operate a motor vehicle upon the public highways of this state and that a refusal to submit to a lawful test of his or her blood, if his or her driving privilege has been previously suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor. A person who is capable of refusal shall be told that his or her failure to submit to such a blood test will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of the person has been suspended previously or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327. The refusal to submit to a blood test upon the request of a law enforcement officer is admissible in evidence in any criminal proceeding.
(d) If the arresting officer does not request a chemical or physical breath test of the person arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages or controlled substances, such person may request the arresting officer to have a chemical or physical test made of the arrested person’s breath or a test of the urine or blood for the purpose of determining the alcoholic content of the person’s blood or breath or the presence of chemical substances or controlled substances; and, if so requested, the arresting officer shall have the test performed.
(e)1. By applying for a driver license and by accepting and using a driver license, the person holding the driver license is deemed to have expressed his or her consent to the provisions of this section.
2. A nonresident or any other person driving in a status exempt from the requirements of the driver license law, by his or her act of driving in such exempt status, is deemed to have expressed his or her consent to the provisions of this section.
3. A warning of the consent provision of this section shall be printed on each new or renewed driver license.
(f)1. The tests determining the weight of alcohol in the defendant’s blood or breath shall be administered at the request of a law enforcement officer substantially in accordance with rules of the Department of Law Enforcement. Such rules must specify precisely the test or tests that are approved by the Department of Law Enforcement for reliability of result and ease of administration, and must provide an approved method of administration which must be followed in all such tests given under this section. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes.
2.a. Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining its alcoholic content or the presence of chemical substances or controlled substances therein. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes.
b. Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, if a health care provider, who is providing medical care in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a result of any blood test performed in the course of that medical treatment, that the person’s blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193(1)(b), the health care provider may notify any law enforcement officer or law enforcement agency. Any such notice must be given within a reasonable time after the health care provider receives the test result. Any such notice shall be used only for the purpose of providing the law enforcement officer with reasonable cause to request the withdrawal of a blood sample pursuant to this section.
c. The notice shall consist only of the name of the person being treated, the name of the person who drew the blood, the blood-alcohol level indicated by the test, and the date and time of the administration of the test.
d. Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice act affects the authority to provide notice under this section, and the health care provider is not considered to have breached any duty owed to the person under s. 395.3025(4), s. 456.057, or any applicable practice act by providing notice or failing to provide notice. It shall not be a breach of any ethical, moral, or legal duty for a health care provider to provide notice or fail to provide notice.
e. A civil, criminal, or administrative action may not be brought against any person or health care provider participating in good faith in the provision of notice or failure to provide notice as provided in this section. Any person or health care provider participating in the provision of notice or failure to provide notice as provided in this section shall be immune from any civil or criminal liability and from any professional disciplinary action with respect to the provision of notice or failure to provide notice under this section. Any such participant has the same immunity with respect to participating in any judicial proceedings resulting from the notice or failure to provide notice.
3. The person tested may, at his or her own expense, have a physician, registered nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person of his or her own choosing administer an independent test in addition to the test administered at the direction of the law enforcement officer for the purpose of determining the amount of alcohol in the person’s blood or breath or the presence of chemical substances or controlled substances at the time alleged, as shown by chemical analysis of his or her blood or urine, or by chemical or physical test of his or her breath. The failure or inability to obtain an independent test by a person does not preclude the admissibility in evidence of the test taken at the direction of the law enforcement officer. The law enforcement officer shall not interfere with the person’s opportunity to obtain the independent test and shall provide the person with timely telephone access to secure the test, but the burden is on the person to arrange and secure the test at the person’s own expense.
4. Upon the request of the person tested, full information concerning the results of the test taken at the direction of the law enforcement officer shall be made available to the person or his or her attorney. Full information is limited to the following:
a. The type of test administered and the procedures followed.
b. The time of the collection of the blood or breath sample analyzed.
c. The numerical results of the test indicating the alcohol content of the blood and breath.
d. The type and status of any permit issued by the Department of Law Enforcement which was held by the person who performed the test.
e. If the test was administered by means of a breath testing instrument, the date of performance of the most recent required inspection of such instrument.

Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.

5. A hospital, clinical laboratory, medical clinic, or similar medical institution or physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer does not incur any civil or criminal liability as a result of the withdrawal or analysis of a blood or urine specimen, or the chemical or physical test of a person’s breath pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted administration of the test.
(2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.
(3) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or breath or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 316.193 upon request for such information.
History.s. 3, ch. 82-155; s. 3, ch. 82-403; s. 1, ch. 83-218; s. 4, ch. 83-228; s. 3, ch. 84-359; s. 2, ch. 86-296; s. 3, ch. 88-5; s. 1, ch. 88-82; s. 2, ch. 91-255; s. 20, ch. 92-58; s. 314, ch. 95-148; s. 4, ch. 96-330; s. 1, ch. 98-27; s. 6, ch. 2000-160; s. 1, ch. 2000-226; s. 2, ch. 2002-263; s. 1, ch. 2003-54; s. 33, ch. 2005-164; s. 1, ch. 2006-247; s. 1, ch. 2021-184.

F.S. 316.1932 on Google Scholar

F.S. 316.1932 on Casetext

Amendments to 316.1932


Arrestable Offenses / Crimes under Fla. Stat. 316.1932
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1932.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PIERRE, v. STATE, 264 So. 3d 206 (Fla. App. Ct. 2019)

. . . Fritz Gerald Pierre appeals his conviction and sentence for refusal to submit to testing under section 316.1932 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. DAVIS,, 264 So. 3d 965 (Fla. App. Ct. 2019)

. . . the case was whether the officer informed him that he could refuse a blood draw pursuant to section 316.1932 . . . other medical facility and the administration of a breath or urine test is impractical or impossible. § 316.1932 . . .

HOWITT, v. STATE, 266 So. 3d 219 (Fla. App. Ct. 2019)

. . . Florida's implied consent statute, section 316.1932(1)(a)1.a., Florida Statutes (2016), provides: Any . . . suspect that law enforcement conflated the provision for securing a breath or urine test under section 316.1932 . . .

STATE v. MEYERS,, 261 So. 3d 573 (Fla. App. Ct. 2018)

. . . The trial court found that the officer requesting the blood draw did not comply with section 316.1932 . . . other medical facility and the administration of a breath or urine test is impractical or impossible. § 316.1932 . . .

BEDELL, v. STATE, 249 So. 3d 1329 (Fla. App. Ct. 2018)

. . . According to the motion, under section 316.1932(1)(c) the State must show that administration of a urine . . . Second, it is not clear that section 316.1932(1)(c) makes the distinction that the State asserts in its . . .

BEDELL, v. STATE, 250 So. 3d 146 (Fla. App. Ct. 2018)

. . . Id. at 321-322 ; see § 316.1932(1)(f), Fla. . . . She relied on section 316.1932(1)(c) for her position that without a prior offer of these less-intrusive . . . Section 316.1932(1)(c) establishes the conditions under which a driver is "deemed to have given his or . . . upon which Appellant may be deemed to have consented to submit to an approved blood test under section 316.1932 . . . court's finding of fact that a urine test was "impractical" for purposes of implied consent under section 316.1932 . . .

MCGRAW, v. STATE, 245 So. 3d 760 (Fla. App. Ct. 2018)

. . . certified the following question to be of great public importance: Does the following sentence in § 316.1932 . . . See§§ 316.1932, .1933, .1934, Fla. Stat. (2015). . . . Specifically at issue here is section 316.1932(1)(c) : Any person who accepts the privilege extended . . . I dissent from the majority's determination of the constitutionality of section 316.1932(1)(c). . . . However, the State contends that Defendant's consent was implied pursuant to section 316.1932(1)(c), . . .

GOODMAN, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 238 So. 3d 102 (Fla. 2018)

. . . . § 316.1932(1)(f)2.a., Fla. Stat. (2009). . . . See §§ 316.1932, 316.1933, 316.1934, Fla. Stat. (2009). . . . Id. § 316.1932(1)(a) 1.a. . . . Miles, 775 So.2d at 952 ; see §§ 316.1932(1)(a) 2., (f)1., Fla. Stat.; § 316.1933(2)(b), Fla. Stat. . . . doctors, nurses, or paramedics can collect blood for the purposes of determining its alcoholic content. § 316.1932 . . .

A. MONTES- VALETON, v. STATE, 216 So. 3d 475 (Fla. 2017)

. . . Burnett, 536 So.2d 375, 377 (Fla. 2d DCA 1988) (“Here, the first requirement [of section 316.1932(l)( . . . Accordingly, section 316.1932(l)(c) was not applicable to this situation; therefore, the implied consent . . . The implied consent law consists of sections 316.1932, 316.1933, and 316.1934, Florida Statutes (2008 . . .

B. WIGGINS, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 209 So. 3d 1165 (Fla. 2017)

. . . Section 322.2615 is to be read in pari materia with section 316.1932, Florida Department of Highway-Safety . . . control of the motor vehicle within this state while under the influence of alcoholic beverages.” § 316.1932 . . .

GOODMAN, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 203 So. 3d 909 (Fla. Dist. Ct. App. 2016)

. . . See §§ 316.1932-34, Fla. . . . accepting drivers’ licenses in the state are deemed to consent to testing of their blood alcohol content. § 316.1932 . . .

STATE v. F. LILES, v., 191 So. 3d 484 (Fla. Dist. Ct. App. 2016)

. . . Notwithstanding s. 316.1932, the testing required by this paragraph need not be incidental to,a lawful . . . Under this statutory scheme, section 316.1932 provides that any person who drives a motor vehicle is . . . blood alcohol testing if the driver is lawfully arrested on suspicion of a drunk driving offense. § 316.1932 . . .

EDGE- GOUGEN, v. STATE, 182 So. 3d 730 (Fla. Dist. Ct. App. 2015)

. . . Hernandez, 74 So.3d 1070, 1075 (Fla.2011) (citing to section 316.1932(l)(a)l.a., Fla.,Stat. (2011) (finding . . .

WILLIAMS, v. STATE, 167 So. 3d 483 (Fla. Dist. Ct. App. 2015)

. . . to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.1932 . . . placed under lawful arrest for a violation of s. 316.193 unless such test was requested pursuant to s. 316.1932 . . . test ... for the purpose of determining the alcoholic content of his or her blood or breath ....” § 316.1932 . . .

A. HAMMONS, v. STATE, 158 So. 3d 758 (Fla. Dist. Ct. App. 2015)

. . . See § 316.1932(l)(a)(l)(a), Fla. Stat. (2011). Dismissed as untimely. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WIGGEN,, 152 So. 3d 773 (Fla. Dist. Ct. App. 2014)

. . . Berne, 49 So.3d 779, 782 (Fla. 5th DCA 2010); see also § 316.1932(l)(b)(2), Fla. Stat. (2011). . . .

VUONG, DUI, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 149 So. 3d 174 (Fla. Dist. Ct. App. 2014)

. . . See § 316.1932(l)(a)l.a., Fla. Stat. (2012). . . . See § 316.1932(l)(a)2., Fla. Stat. (2012). . . .

LAWS, v. STATE, 145 So. 3d 937 (Fla. Dist. Ct. App. 2014)

. . . argue only that his decision to refuse to comply with the request for a sobriety test under section 316.1932 . . . It is noteworthy that subsection 316.1932(1) expressly makes a refusal to submit to the statutory test . . . Nothing in sections 316.1932, .1933, or .1934 suggests that the commission of this separate misdemeanor . . . The blood test itself was not taken in compliance with subsection 316.1932(l)(f). . . .

MONTES- VALETON, v. STATE, 141 So. 3d 204 (Fla. Dist. Ct. App. 2014)

. . . “blood test results obtained by actual consent, independent of the implied consent statute [section 316.1932 . . .

CARRIZOSA, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 124 So. 3d 1017 (Fla. Dist. Ct. App. 2013)

. . . Carrizosa consented to submit to a breath test under section 316.1932(l)(a). . . . That section provides, in pertinent part, as follows: 316.1932. . . . whether the suspension was incident to a lawful arrest because (1) probable cause reviewed under section 316.1932 . . . the detention,” (2) whether the driver "refused to submit to any such test” reviewed under section 316.1932 . . . The language of sections 316.1932 and 322.2615, Florida Statutes (2007), applied in Hernandez is the . . .

FERREI, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 91 So. 3d 920 (Fla. Dist. Ct. App. 2012)

. . . determination of whether the test was administered incident to a lawful arrest, as required by section 316.1932 . . .

PANKAU, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 91 So. 3d 923 (Fla. Dist. Ct. App. 2012)

. . . determination of whether the test was administered incident to a lawful arrest, as required by section 316.1932 . . .

GONZALEZ, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 91 So. 3d 924 (Fla. Dist. Ct. App. 2012)

. . . determination of whether the test was administered incident to a lawful arrest, as required by section 316.1932 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CARILLON,, 95 So. 3d 901 (Fla. Dist. Ct. App. 2012)

. . . enforcement officer was authorized to request that respondent submit to a breath test under section 316.1932 . . . The circuit court here applied the correct law, section 316.1932(l)(a), and where the circuit court has . . .

NADER, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 87 So. 3d 712 (Fla. 2012)

. . . THE BREATH-ALCOHOL TEST IS THE ONLY REQUIRED TEST, VIOLATE THE IMPLIED CONSENT PROVISIONS OF SECTION 316.1932 . . . First Certified Question Statutory Scheme for Florida’s Implied Consent Law Section 316.1932, Florida . . . See § 316.1932(l)(a)l.b„ Fla. Stat. . . . See § 316.1932(l)(c), Fla. Stat. . . . Relating to the above three provisions, subsection 316.1932(l)(d) provides that when an officer arrests . . .

STATE v. HOLLAND,, 76 So. 3d 1032 (Fla. Dist. Ct. App. 2011)

. . . This issue has been resolved by the Legislature’s enactment of the implied consent law under section 316.1932 . . . Section 316.1932(l)(a)l.a. provides in pertinent part that “[t]he refusal to submit to a chemical or . . . enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.” § 316.1932 . . . to conclude that the segment of the videotape showing Holland’s refusal is admissible under section 316.1932 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CHERRY,, 91 So. 3d 849 (Fla. Dist. Ct. App. 2011)

. . . Cherry requested a blood test, she was not provided with assistance as required ' under section 316.1932 . . . that when she requested a blood test she was not provided with assistance as required under section 316.1932 . . . an approved breath-alcohol test as required under Rule 11D-8.002(13) [sic] and regulated by section 316.1932 . . . an approved breath-alcohol test as required under Rule 11D-8.002(13)(sic) and regulated by section 316.1932 . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. HERNANDEZ, v., 74 So. 3d 1070 (Fla. 2011)

. . . The obligation to submit to breath-alcohol testing emanates from section 316.1932, Florida Statutes ( . . . The only location in the Florida Statutes where the definition can be found is section 316.1932(l)(a) . . . The only definition of a lawful breath test under section 322.2615 is found in section 316.1932(l)(a) . . . Section 316.1932 is what creates and defines the scope of the obligation, and its mandate is certain: . . . That is what the Legislature has expressly provided for in section 316.1932. . . .

STATE v. G. GEISS,, 70 So. 3d 642 (Fla. Dist. Ct. App. 2011)

. . . dissent to that portion of the opinion that addresses the effect of the implied consent statute, section 316.1932 . . . also erred in finding that the search in this case violated Florida’s implied consent statute, section 316.1932 . . . Regarding blood draws, section 316.1932(l)(c) states that any person operating a motor vehicle in Florida . . . or other medical facility and the administration of a breath test is impractical or impossible.” § 316.1932 . . .

STATE v. L. MURRAY L., 51 So. 3d 593 (Fla. Dist. Ct. App. 2011)

. . . provided for the use of breath and urine tests, except under the circumstances described in sections 316.1932 . . . Hence, the limitations on blood testing found in section 316.1932(1)(c), Florida Statutes (2007), and . . . The implied consent law, section 316.1932(1)(a)1.a.f Florida Statutes (2007), provides that a person . . . Further, section 316.1932(1 )(c), Florida Statutes (2007), authorizes blood withdrawals where an officer . . . While Robertson involved section 316.1933(1)(a), the provisions of section 316.1932(l)(a)l.a. and (c) . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BERNE,, 49 So. 3d 779 (Fla. Dist. Ct. App. 2010)

. . . . § 316.1932(1)(b)2., Fla. Stat. (2005); see also Dep’t of Highway Safety & Motor Vehicles v. . . .

KURECKA, v. STATE v. J., 67 So. 3d 1052 (Fla. Dist. Ct. App. 2010)

. . . See §§ 316.1932, 316.1933, and 316.1934, Fla. Stat.; State v. . . . privilege to drive, all drivers have already consented to taking a breath test pursuant to section 316.1932 . . .

WICKY, v. C. OXONIAN I., 24 So. 3d 571 (Fla. Dist. Ct. App. 2009)

. . . See §§ 316.1932-.1933, Fla. Stat. (2006). . . . interest in preserving her right to test the blood sample herself under the implied consent law, § 316.1932 . . .

E. FOLDEN, v. STATE, 16 So. 3d 849 (Fla. Dist. Ct. App. 2009)

. . . See §§ 322.2615, 316.1932(l)(a), Fla. Stat. (2008). REVERSED AND REMANDED. . . .

In FORFEITURE OF CHRYSLER DOOR, IDENTIFICATION NO. v., 9 So. 3d 709 (Fla. Dist. Ct. App. 2009)

. . . See §§ 316.193(2)(b)(l), 316.1932, 316.1939(1), Fla. Stat. (2006). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. U. J. HOFER,, 5 So. 3d 766 (Fla. Dist. Ct. App. 2009)

. . . also explained that the obligation to submit to a breath, blood, or urine test is imposed by section 316.1932 . . . Hofer briefly mentioned the relationship between sections 316.1932 and 322.2615. . . . review denied, 984 So.2d 519 (Fla.2008), the Fifth District addressed the interplay between sections 316.1932 . . . officer must consider the legality of the stop “ ‘in order to maintain the constitutionality of [section] 316.1932 . . .

R. LEE, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 4 So. 3d 754 (Fla. Dist. Ct. App. 2009)

. . . -8 of the Florida Administrative Code was promulgated pursuant to the specific authority in section 316.1932 . . .

YANKEY, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 6 So. 3d 633 (Fla. Dist. Ct. App. 2009)

. . . This standardized agency inspection report form was created to implement section 316.1932, Florida Statutes . . . Section 316.1932(1)(a)(2) states that the Alcohol Testing Program within the Department of Law Enforcement . . . Section 316.1932(1)(b)(1) sets forth the proper criteria for measuring blood- and breath-alcohol levels . . . Construing these provisions together, under sections 316.1932(1)(a)(2) and (b)(2), a breath test result . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. ESCOBIO,, 6 So. 3d 638 (Fla. Dist. Ct. App. 2009)

. . . Rather, he argued to the circuit court and now argues to this court that the interplay of sections 316.1932 . . . noted that Pel-ham’s “consent” to a breath-alcohol test was implied under the provisions of section 316.1932 . . . The Fifth District concluded that sections 316.1932 and 322.2615 were interdependent and had to be read . . . These cases specifically address whether the driver may be penalized under section 316.1932(1)(a)(1)( . . . Section 316.1932 is not implicated under these circumstances. . . . Because section 316.1932 is not directly implicated in this case, we do not find ourselves in direct . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. NADER, v., 4 So. 3d 705 (Fla. Dist. Ct. App. 2009)

. . . See §§ 316.1932(l)(a)(l)(a), 322.2615(1), Fla. Stat. (2007). Both Ms. Nader and Ms. . . . Section 316.1932(l)(a)(l)(a), which is commonly referred to as the “Implied Consent Law,” provides: Any . . . Sections 316.1932(l)(a)(l)(a) and 322.2615 plainly require the suspension of a driver’s license when . . . THE BREATH-ALCOHOL TEST IS THE ONLY REQUIRED TEST, VIOLATE THE IMPLIED CONSENT PROVISIONS OF SECTION 316.1932 . . . See § 316.1932, Fla. Stat. (2007). . . . .

KIRPALANI, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 997 So. 2d 502 (Fla. Dist. Ct. App. 2008)

. . . . § 316.1932(l)(a), Fla. Stat. (2007). . . .

HERNANDEZ, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 995 So. 2d 1077 (Fla. Dist. Ct. App. 2008)

. . . Section 316.1932(l)(a)l.a, Florida Statutes (2007), provides in pertinent part that Any person who accepts . . . revision to section 322.2615 and concluded, when reading the revised statute in pari materia with section 316.1932 . . . in an administrative review of a license suspension that a lawful arrest for a violation of section 316.1932 . . . However, given the provision in section 316.1932 that a breath or blood test must be incident to a lawful . . . Section 316.1932 unambiguously provides that a driver has impliedly consented to submit to a breath or . . .

F. McLAUGHLIN, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 2 So. 3d 988 (Fla. Dist. Ct. App. 2008)

. . . McLaughlin argued that section 322.2615 conflicted with section 316.1932, because the latter did not . . . intent was to make the lawfulness of the arrest a relevant factor in criminal proceedings under section 316.1932 . . . The Pelham court reached this conclusion by construing section 322.2615 in pañ materia with section 316.1932 . . . Thus section 322.2615 cannot be read in pari materia with section 316.1932 to create an ambiguity that . . .

KIRPALANI, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 991 So. 2d 1026 (Fla. Dist. Ct. App. 2008)

. . . . § 316.1932(l)(a), Fla. Stat. (2007). . . . The implied consent requirements of section 316.1932(l)(a) are not limitations on the admissibility of . . . Under section 316.1932, an officer’s roadside description of the effects of refusing to submit to a breath . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SARMIENTO,, 989 So. 2d 692 (Fla. Dist. Ct. App. 2008)

. . . After quoting section 316.1932(l)(a), Florida Statutes, the circuit court wrote: It is clear that the . . . Therefore, the statutory implied consent contained in Florida Statute § 316.1932(l)(a) does not apply . . . In considering section 316.1932(l)(a) and Jones v. . . . court held that because the vehicle was inoperable, the statutory implied consent contained in section 316.1932 . . .

PALAZZOTTO, v. STATE, 988 So. 2d 123 (Fla. Dist. Ct. App. 2008)

. . . Notwithstanding s. 316.1932, the testing required by this paragraph need not be incidental to a lawful . . .

STATE v. THOMPSON,, 987 So. 2d 163 (Fla. Dist. Ct. App. 2008)

. . . See § 316.1932, Fla. Stat. (2007) (Florida's "Implied Consent Laws”). . See State v. . . .

STATE v. BASTOS, 985 So. 2d 37 (Fla. Dist. Ct. App. 2008)

. . . See § 316.1932, Fla. Stat. (2005). 2. . . . See §§ 316.1932(1) & 316.1934(2), Fla. Stat. (2005); see also State v. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. FALCONE,, 983 So. 2d 755 (Fla. Dist. Ct. App. 2008)

. . . results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 . . .

M. JUMP, v. STATE, 983 So. 2d 726 (Fla. Dist. Ct. App. 2008)

. . . See § 316.1932(l)(b), Fla. Stat. (2006). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. C. PELHAM,, 979 So. 2d 304 (Fla. Dist. Ct. App. 2008)

. . . obligation to submit to testing for alcohol and chemical substance impairment emanates from section 316.1932 . . . determine the “alcoholic content of his or her blood or breath if the person is lawfully arrested _” § 316.1932 . . . Petitioner responds that sections 316.1932 and 322.2615 should be read in isolation because they are . . . Section 316.1932, Petitioner contends, is a criminal statute, while section 322.2615 is a statute that . . . Section 316.1932 is what creates and defines the scope of the obligation, and its mandate is certain: . . .

STATE v. BUSCIGLIO,, 976 So. 2d 15 (Fla. Dist. Ct. App. 2008)

. . . Section 316.1932(l)(a)(l)(a) provides: “Any person who accepts the privilege extended by the laws of . . . See § 316.1932. . . . Morale, the Vermont Legislature had enacted an implied consent law very similar to Florida’s section 316.1932 . . . To be guilty of violating section 316.1932, the defendant must have been "informed that, if he or she . . .

STATE v. BUTTOLPH,, 969 So. 2d 1209 (Fla. Dist. Ct. App. 2007)

. . . results of any test of a person’s blood or breath to determine its alcoholic content, as authorized by s. 316.1932 . . .

STATE v. R. CLEMENTS,, 968 So. 2d 59 (Fla. Dist. Ct. App. 2007)

. . . informed of Florida’s Implied Consent Law and the consequences of refusing blood and breath tests, see § 316.1932 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CLARK,, 974 So. 2d 416 (Fla. Dist. Ct. App. 2007)

. . . Section 316.1932(l)(a)l.a., Florida Statutes (2006) provides that a person who accepts the privilege . . . Other statutory provisions such as section 316.1932(l)(c) (medical condition precludes breath test) or . . .

DYER, v. LEE, J. F. III, E., 488 F.3d 876 (11th Cir. 2007)

. . . . § 316.1932. . According to the parties, this is known as "slipping.” . . .

STATE v. DUBIEL,, 958 So. 2d 486 (Fla. Dist. Ct. App. 2007)

. . . failure to advise of the consequences of refusal to permit a blood test administered under section 316.1932 . . . Iaco involved the construction of section 316.1932(l)(a), which sets forth the procedure for requesting . . . Section 316.1932(l)(c) applies to blood tests. . . . The language of the statute is nearly identical to that of section 316.1932(l)(a). . . . to provide for the use of breath and urine tests, except under circumstances described in sections 316.1932 . . .

BRUCH, v. STATE, 954 So. 2d 1242 (Fla. Dist. Ct. App. 2007)

. . . Stat. (2006) (results of any test administered in compliance with §§ 316.1932 and 316.1933 give rise . . .

STATE v. CUBIC,, 946 So. 2d 606 (Fla. Dist. Ct. App. 2007)

. . . The primary issue at the hearing was whether the State could satisfy its burden under section 316.1932 . . . Section 316.1932(l)(b)2. states: An analysis of a person’s breath, in order to be considered valid under . . . actual testing procedures in any individual case do not render the test or test results invalid. § 316.1932 . . . the In-toxilyzer 5000 was an insubstantial violation of approved testing methods pursuant to section 316.1932 . . .

L. MOE, v. STATE, 944 So. 2d 1096 (Fla. Dist. Ct. App. 2006)

. . . suffer the imposition of sanctions pursuant to the disclosure obligation imposed upon it by section 316.1932 . . . Section 316.1932(1X04., Florida Statutes (2004), which applies to alcohol testing, requires that the . . .

DELGADO, v. STATE, 948 So. 2d 681 (Fla. 2006)

. . . See § 316.1932, Fla. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. JONES,, 935 So. 2d 532 (Fla. Dist. Ct. App. 2006)

. . . See § 316.1932(l)(a), Fla. . . .

BELVIN, v. STATE, 922 So. 2d 1046 (Fla. Dist. Ct. App. 2006)

. . . results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 . . .

SCHWARTZ, v. STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 920 So. 2d 664 (Fla. Dist. Ct. App. 2005)

. . . See § 316.1932(l)(a), Fla. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. PIPKIN,, 927 So. 2d 901 (Fla. Dist. Ct. App. 2005)

. . . At the station, Pipkin was informed of Florida’s implied consent law, § 316.1932, Fla. . . . See also § 316.1932(l)(a), Fla. . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. GRIFFIN,, 909 So. 2d 538 (Fla. Dist. Ct. App. 2005)

. . . Griffin's license suspension invalid for failure to read the entire implied consent warning in section 316.1932 . . .

STATE v. IACO, 906 So. 2d 1151 (Fla. Dist. Ct. App. 2005)

. . . on the basis that the informed consent advisement was incomplete and not in compliance with section 316.1932 . . . It found section 316.1932(l)(a), Florida Statutes, “expressly states that a subject arrested for DUI . . . partial legal advisement represents a material modification of the plain language and intent of’ section 316.1932 . . . criminal and administrative consequences of a refusal is deemed to be in substantial compliance with F.S. 316.1932 . . .

SMALLRIDGE, v. STATE, 904 So. 2d 601 (Fla. Dist. Ct. App. 2005)

. . . uninterrupted telephone access with him, he would have advised his son of his right, provided by section 316.1932 . . . Such interpretation is clearly at vari-anee with the terms of section 316.1932(1)(f)3, authorizing the . . . . § 316.1932(l)(a)l, Fla. . . .

GURRY, v. DEPARTMENT OF HIGHWAY SAFETY,, 902 So. 2d 881 (Fla. Dist. Ct. App. 2005)

. . . results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 . . .

GRZELKA, v. STATE, 881 So. 2d 633 (Fla. Dist. Ct. App. 2004)

. . . suspended for a prior refusal, her refusal would constitute a misdemeanor, as is required by section 316.1932 . . . Although section 316.1932(l)(a)l.a. provides that the refusal to submit to a breath test “upon the request . . .

STATE v. SERRAGO,, 875 So. 2d 815 (Fla. Dist. Ct. App. 2004)

. . . Applying what it believed to be the correct statute, section 316.1932(1)(c), Florida Statutes (2000), . . . Although the trial court was convinced, as was the State, that section 316.1932(1)(c) was the correct . . . Our reading of section 316.1932(1)(c) leads us to conclude that it cannot reasonably be read to allow . . . The only reason that section 316.1932(1)(c) mentions breath or urine tests is to limit blood draws to . . . section 316.1932(1)(a), from blood tests, which are authorized by section 316.1932(1)(c). . . .

STATE v. KORTH,, 875 So. 2d 790 (Fla. Dist. Ct. App. 2004)

. . . COLLECTION, PRESERVATION, AND ANALYSIS OF URINE SAMPLES OBTAINED BY LAW ENFORCEMENT PURSUANT TO SECTION 316.1932 . . . April 15, 2004), which holds that section 316.1932(l)(a)(l) of the Florida Statutes does not require . . . consolidated appeals which excluded the results of urine tests procured under the aegis of section 316.1932 . . . different County Court judges: DOES AN ARRESTEE CONSENT, UNDER THE AUSPICES OF THE IMPLIED CONSENT LAW, § 316.1932 . . . results of a defendant's urine sample obtained by law enforcement pursuant to Florida Statute, section 316.1932 . . .

STATE v. BODDEN,, 877 So. 2d 680 (Fla. 2004)

. . . Because we conclude that section 316.1932(l)(a)(l), Florida Statutes (2002), does not require that urine . . . Bodden argued that section 316.1932, part of the implied consent law pertaining to the operation of motor . . . We begin with the actual language used by the Legislature in section 316.1932(l)(a)(l). . . . of blood and breath testing, Specifically, sections 316.1932(l)(a)(2)(n) and 316.1932(l)(b)(2) grant . . . See § 316.1932(l)(a)(l). . . .

STATE v. MONTELLO P., 867 So. 2d 613 (Fla. Dist. Ct. App. 2004)

. . . The statute at issue in this case, Bodden, and Pierre, is section 316.1932(l)(a)l., Florida Statutes . . . Section 316.1932(l)(a)l. distinguishes between urine and breath tests. . . . (1)(a)(1) in conjunction with sections 316.1932(1)(b)(2) and 316.1932(1)(f)(1)” to “conclude that an . . . See § 316.1932(l)(a)2., Fla. . . . (emphasis added); § 316.1932(l)(b)2., Fla. . . .

BERMUDEZ, v. STATE, 870 So. 2d 875 (Fla. Dist. Ct. App. 2004)

. . . were violated when the police drew blood from him without first arresting him, as required by section 316.1932 . . . in actual physical control of a motor vehicle while under the influence of alcoholic beverages.... § 316.1932 . . .

STATE v. MULDOWNY E., 871 So. 2d 911 (Fla. Dist. Ct. App. 2004)

. . . Only approved breath testing machines may be used to establish impairment pursuant to section 316.1932 . . . Section 316.1932(l)(f)(4), Florida Statutes (2002), requires that when a person tested with a machine . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, v. POSSATI,, 866 So. 2d 737 (Fla. Dist. Ct. App. 2004)

. . . This case is controlled by section 316.1932, Florida Statutes (2001), which provides that anyone who . . . the driving privilege of ... a person who has refused to submit to a breath ... test authorized by s. 316.1932 . . . breath ... will result in the suspension of the person’s privilege to operate a motor vehicle.... § 316.1932 . . .

SCHOFIELD, v. STATE, 867 So. 2d 446 (Fla. Dist. Ct. App. 2004)

. . . results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 . . .

JENKINS, v. STATE v., 855 So. 2d 1219 (Fla. Dist. Ct. App. 2003)

. . . See § 316.1932(l)(f)l., Florida Statutes (1999) (requiring FDLE to establish rules for the “reliability . . . breath test instruments ... must be expressly prescribed by rule or regulation required by section 316.1932 . . . The statutory language of section 316.1932(l)(f)l., Florida Statutes (1991), very clearly requires that . . . We note that section 316.1932 was amended by chapter 2000-226, Laws of Florida, to explicitly require . . . State, 604 So.2d 783 (Fla.1992), that when there is no assurance of compliance with sections 316.1932 . . .

STATE v. PIERRE, Jr., 854 So. 2d 231 (Fla. Dist. Ct. App. 2003)

. . . certified to us a question of statutory interpretation involving the “Implied Consent Law,” section 316.1932 . . . urine test results of a urine sample obtained by law enforcement pursuant to Florida statute section 316.1932 . . . We restate the question as follows: Does section 316.1932, Florida Statutes (2002), require that urine . . . Our decision today turns on whether an ambiguity exists in the following portion of section 316.1932( . . . The second possible ambiguity is illustrated by Appellee’s purported quote to section 316.1932(l)(a) . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. WHITLEY,, 846 So. 2d 1163 (Fla. Dist. Ct. App. 2003)

. . . Incidental To A Lawful Arrest The circuit court held, pursuant to section 316.1932(l)(a)l., that the . . . Thus, based on Barrett, “incidental to a lawful arrest” as that term is used in section 316.1932(l)(a . . . Hence, the dictates of section 316.1932(l)(a)l. were met. . . . We note that section 316.1932(l)(a)l. requires that the individual be lawfully arrested. . . . However, because we have concluded that the requirements of section 316.1932(l)(a)l. were established . . .

MENNA, v. STATE, 846 So. 2d 502 (Fla. 2003)

. . . Although not expressly mentioned in our Taylor opinion, a provision of the implied consent law, section 316.1932 . . .

STATE v. SCHREIBER,, 835 So. 2d 344 (Fla. Dist. Ct. App. 2003)

. . . take a sample of her blood; however, he did not read her her rights under the Implied Consent Law, §§ 316.1932 . . . See § 316.1932(l)(a)(2)(e), Fla. . . . possession of his or her normal faculties, the results of any test administered in accordance with s. 316.1932 . . .

STATE v. T. BODDEN,, 872 So. 2d 916 (Fla. Dist. Ct. App. 2002)

. . . See § 316.1932(l)(a), Fla. Stat. (2000). . . . Pursuant to section 316.1932(l)(a), Mr. . . . The State notes that there is no such language in section 316.1932 regarding the validity of a urine . . . Thus, in this instance, in reading section 316.1932(l)(a)(l) in conjunction with sections 316.1932(l) . . . (b)(2) and 316.1932(l)(f)(l), we conclude that an “approved” urine test is one in which the method of . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BELLO,, 813 So. 2d 1023 (Fla. Dist. Ct. App. 2002)

. . . level, or of a person who has refused to submit to a breath, urine, or blood test authorized by s. 316.1932 . . .

STATE v. LANGSFORD,, 816 So. 2d 136 (Fla. Dist. Ct. App. 2002)

. . . Indeed, it is the established law of this state that Florida’s implied consent statutes [§§ 316.1932, . . . This it has done through the enactment of section 322.261, Florida Statutes (1975) [now sections 316.1932 . . . "F.S. 316.1932, F.S. 316.1933, F.S. 316.1934, (2000).” . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. R. ALLISTON,, 813 So. 2d 141 (Fla. Dist. Ct. App. 2002)

. . . provides that an affidavit containing the results of any breath alcohol test authorized by section 316.1932 . . . See § 316.1932(l)(b)(2). . . . However, section 316.1932(l)(b)(2) also provides, “Any insubstantial differences between approved techniques . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SILVA,, 806 So. 2d 551 (Fla. Dist. Ct. App. 2002)

. . . The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 . . .

V. BASS, v. STATE, 801 So. 2d 975 (Fla. Dist. Ct. App. 2001)

. . . See §§ 316.1932-316.1934. . . .

S. DODGE, v. STATE, 805 So. 2d 990 (Fla. Dist. Ct. App. 2001)

. . . See §§ 316.1932, 316.1933, Fla. Stat. (2000)(the Implied Consent Statute). . . .

SERVIS, v. STATE, 802 So. 2d 359 (Fla. Dist. Ct. App. 2001)

. . . . §§ 316.1932-316.1934 (1999). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. K. DEHART,, 799 So. 2d 1079 (Fla. Dist. Ct. App. 2001)

. . . results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 . . .

TYNER, v. STATE, 805 So. 2d 862 (Fla. Dist. Ct. App. 2001)

. . . results were not obtained in accordance with the core policies of the implied consent law, sections 316.1932 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. RUSSELL,, 793 So. 2d 1073 (Fla. Dist. Ct. App. 2001)

. . . See § 316.1932(l)(b)(2), Fla. Stat. (2000). . . . results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 . . .

HEMBREE, v. STATE, 790 So. 2d 590 (Fla. Dist. Ct. App. 2001)

. . . See §§ 316.1932-316.1934, Fla. Stat. . . .

G. RAFFERTY, v. STATE, 799 So. 2d 243 (Fla. Dist. Ct. App. 2001)

. . . The implied consent law is embodied in sections 316.1932 to 316.1934, Florida Statutes (1997), and provides . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. L. MOWRY,, 794 So. 2d 657 (Fla. Dist. Ct. App. 2001)

. . . results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 . . .

STATE v. MILES,, 775 So. 2d 950 (Fla. 2000)

. . . See §§ 316.1932, 316.1933, 316.1934, Fla. Stat. (1995). . . . Id.; cf. § 316.1932(l)(b)(2), Fla. Stat. (1995) (applicable for breath analysis). . . . possession of his or her normal faculties, the results of any test administered in accordance with s. 316.1932 . . .

STATE v. KLIPHOUSE,, 771 So. 2d 16 (Fla. Dist. Ct. App. 2000)

. . . questions of great public importance, which we rephrase as follows: WHETHER FLORIDA STATUTE SECTION 316.1932 . . . The trial judge correctly determined that- section 316.1932(l)(c) applies to^.the facts in this case. . . . Similar to section ' 316.1932(l)(c), this section requires the officer to have probable cause to believe . . . Unlike section 316.1933(1), the section applicable to the blood draw herein, section 316.1932(l)(c), . . . Although section 316.1932(l)(c) contains no express language corresponding to the statutory elements . . . See §§ 316.1932 and 316.1933, Fla. Stat. (1999). . . . Section 316.1932(l)'(c) is the statute used in this case, and it requires three elements for a valid . . . Lacking such challenges, section 316.1932(l)(c) surely cannot be said to be arbitrary. . . . See § 316.1932(l)(c), Fla. . . . No one suggests that section 316.1932(1 )(c) is ambiguous. . . . . When the statute was adopted, section 316.1932(1)(c), at issue in this case, did not contain the requirement . . . of reasonable cause although there was a reasonable cause requirement in section 316.1932(1)(a). . . . held that there was a reasonable cause requirement in subsection 1(c) “implied from reading section 316.1932 . . . (l)(c) together with section 316.1932(l)(a).” . . .

STATE v. KLINE,, 764 So. 2d 716 (Fla. Dist. Ct. App. 2000)

. . . See § 316.1932, Fla. Stat. . . . 842, 849 (Fla. 5th DCA 1995) (refusal to submit to the breath test is “clearly admissible” under § 316.1932 . . .