Florida Statute 316.1939 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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:

(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.

History.—s. 5, ch. 2002-263; s. 2, ch. 2021-184; s. 4, ch. 2025-121.

F.S. 316.1939 on Google Scholar

F.S. 316.1939 on CourtListener

Amendments to 316.1939

Annotations, Discussions, Cases:

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

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 - RENUMBERED. SEE REC # 10752 - M: F

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

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

Cases Citing Statute 316.1939

Total Results: 12

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Supreme Court of Florida | Filed: Aug 30, 2007 | Docket: 1509151

Cited 6 times | Published

in 2007. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 Fla. Stat. To prove the crime of Refusal to Submit

State v. Busciglio

976 So. 2d 15, 2008 WL 183648

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 2291283

Cited 4 times | Published

constituted a first-degree misdemeanor pursuant to section 316.1939, Florida Statutes (2005). We have jurisdiction

Williams v. State

167 So. 3d 483, 2015 Fla. App. LEXIS 8566, 2015 WL 3511222

District Court of Appeal of Florida | Filed: Jun 5, 2015 | Docket: 60248479

Cited 2 times | Published

citation for Refusal to Submit in violation of section 316.1939, Florida Statutes. That section provides,

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

amended in 2013. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 Fla. Stat. To prove the crime of Refusal to Submit

ELLIOTT DAVID DANIELS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 9, 2022 | Docket: 65217221

Published

of refusal to submit to testing pursuant to section 316.1939(1). We conclude that the trial court did

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 , Fla. Stat. To prove the crime

State v. Hamilton

210 So. 3d 776, 2017 WL 685610, 2017 Fla. App. LEXIS 2315

District Court of Appeal of Florida | Filed: Feb 22, 2017 | Docket: 4608290

Published

with refusing to submit to a breath test. See § 316.1939(1). Mr. Hamilton moved to dismiss the refusal

William Williams v. State

210 So. 3d 774, 2017 WL 651834, 2017 Fla. App. LEXIS 2164

District Court of Appeal of Florida | Filed: Feb 17, 2017 | Docket: 4609711

Published

citation for refusal to submit in violation of section 316.1939, Florida Statutes (2013). That section provides

Allen v. State

125 So. 3d 191, 2013 WL 238204, 2013 Fla. App. LEXIS 918

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60235773

Published

state must prove to establish a violation of section 316.1939, Florida Statutes (2008), refusal to submit

Lawrence v. Department of Highway Safety & Motor Vehicles

93 So. 3d 350, 2012 WL 1870868, 2012 Fla. App. LEXIS 8111

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60310551

Published

Concur. . § 316.193(1), Fla. Stat. (2008). . § 316.1939, Fla. Stat. (2008). .This information obviously

Arenas v. Department of Highway Safety & Motor Vehicles

90 So. 3d 828, 2012 Fla. App. LEXIS 6554, 2012 WL 1448572

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60309649

Published

Florida Statutes (2010), and one for violating section 316.1939 for refusing the breath alcohol level test

Folden v. State

16 So. 3d 849, 2009 Fla. App. LEXIS 6975, 2009 WL 1423415

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 2511100

Published

to submit to a breath test as required by section 316.1939, Florida Statutes (2008). The State properly

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.