The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.1939

316.1939 Refusal to submit to testing; penalties.—

(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 whose driving privilege was previously suspended or who was previously fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood required under this chapter or chapter 327, 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, 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, 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 first degree 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.

History.—s. 5, ch. 2002-263; s. 2, ch. 2021-184.

F.S. 316.1939 on Google Scholar

F.S. 316.1939 on Casetext

Amendments to 316.1939

Arrestable Offenses / Crimes under Fla. Stat. 316.1939

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.1939 - DUI-UNLAW BLD ALCH - REMOVED - M: F

S316.1939 1 - DUI-UNLAW BLD ALCH - REFUSAL SUBMIT DUI TESTING - M: F

Civil Citations / Citable Offenses under S316.1939

R or S next to points is Mandatory Revocation or Suspension

S316.1939 REFUSE TO SUBMIT TO BAL TEST - Points on Drivers License: 0

S316.1939 (1) Refuse to Submit to BAL test - Points on Drivers License: 0

S316.1939 (1)(e) Refuse to Submit to BAL test - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . ], 2016 [192 So.3d 1190], and _2018 [236 So.3d 244], and 2019. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 . . . Lesser Included Offenses REFUSAL TO SUBMIT TO TESTING - 316.1939 CATEGORY ONE CATEGORY TWO FLA. . . .

STATE v. HAMILTON,, 210 So. 3d 776 (Fla. Dist. Ct. App. 2017)

. . . See § 316.1939(1). Mr. . . .

WILLIAMS, v. STATE, 210 So. 3d 774 (Fla. Dist. Ct. App. 2017)

. . . five uniform traffic citations, including a citation for refusal to submit in violation of section 316.1939 . . . there is probable cause to suspect the driver is under the influence, is guilty of a misdemeanor. § 316.1939 . . .

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

. . . five uniform traffic citations, including a citation for Refusal to Submit in violation of section 316.1939 . . . Most importantly, section 316.1939, Florida Statutes, criminalizes the refusal to submit to a breath . . . See § 316.1939(l)(a), Fla. Stat. (2013). . . . Likewise, we conclude that section 316.1939, Florida Statutes, as applied to Williams, is constitutional . . . SAWAYA and ORFINGER, JJ„ concur. . § 316.1939, Fla. Stat. (2013). . . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . instruction was adopted in 2007 [958 So.2d 361] and amended in 2013. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 . . . REFUSAL TO SUBMIT TO TESTING — 316.1939 CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT. . . .

THOMPSON, v. STATE, 114 So. 3d 413 (Fla. Dist. Ct. App. 2013)

. . . (DUI impairment with priors), 316.1939(1) (refusal to submit to breathalyzer), 322.34(2)(b) (driving . . .

J. ALLEN, v. STATE, 125 So. 3d 191 (Fla. Dist. Ct. App. 2013)

. . . One of the elements the state must prove to establish a violation of section 316.1939, Florida Statutes . . .

LAWRENCE, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 93 So. 3d 350 (Fla. Dist. Ct. App. 2012)

. . . . § 316.1939, Fla. Stat. (2008). .This information obviously was not in our initial record. . . .

ARENAS, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 90 So. 3d 828 (Fla. Dist. Ct. App. 2012)

. . . one for the DUI violation of section 316.193, Florida Statutes (2010), and one for violating section 316.1939 . . .

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

. . . privilege had previously been suspended for refusing to submit to a breath test as required by section 316.1939 . . . See § 316.1939, Fla. Stat. (2008). . . .

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). . . .

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

. . . breath test, Busciglio’s current refusal constituted a first-degree misdemeanor pursuant to section 316.1939 . . . The parties on appeal agree there is no question that prior to the enactment of section 316.1939 on July . . . [constitutes] a misdemeanor.” § 316.1939(l)(d). . . . . We note that Busciglio could not have committed a misdemeanor under section 316.1939 by the mere act . . . See § 316.1939(1). . . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 965 So. 2d 811 (Fla. 2007)

. . . This instruction was adopted in 2007. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 Fla. Stat. . . .