Florida Statute 316.1939 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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 Citing Statute 316.1939

Total Results: 14

ELLIOTT DAVID DANIELS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-09T00:53:00-07:00

Snippet: refusal to submit to testing pursuant to section 316.1939(1). We conclude that the trial court did not

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

Court: Fla. | Date Filed: 2019-01-04T00:00:00-08:00

Citation: 262 So. 3d 59

Snippet: 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 , Fla. Stat. To prove the crime…Included Offenses REFUSAL TO SUBMIT TO TESTING - 316.1939 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

State v. Hamilton

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-22T00:00:00-08:00

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

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

William Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-17T00:00:00-08:00

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

Snippet: for refusal to submit in violation of section 316.1939, Florida Statutes (2013). That section provides…under the influence, is guilty of a misdemeanor. § 316.1939, Fla. Stat. (2013). Williams filed a motion

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-05T00:00:00-07:00

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

Snippet: for Refusal to Submit in violation of section 316.1939, Florida Statutes. That section provides, in pertinent…punishment as provided in s. 775.082 or s. 775.083. § 316.1939, Fla. Stat. (2013). Williams filed a motion to… important respects. Most importantly, section 316.1939, Florida Statutes, criminalizes the refusal to…believe the driver was under the influence. See § 316.1939(l)(a), Fla. Stat. (2013). By contrast, the statute…(N.D.2015). Likewise, we conclude that section 316.1939, Florida Statutes, as applied to Williams, is

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

Court: Fla. | Date Filed: 2013-11-21T00:00:00-08:00

Citation: 131 So. 3d 692, 2013 WL 6124277

Snippet: in 2013. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 Fla. Stat. To prove the crime of Refusal to Submit…for this offense. REFUSAL TO SUBMIT TO TESTING — 316.1939 CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT.

Thompson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-29T00:00:00-07:00

Citation: 114 So. 3d 413, 2013 WL 2320810, 2013 Fla. App. LEXIS 8455

Snippet: 316.193(2)(b)2. (DUI impairment with priors), 316.1939(1) (refusal to submit to breathalyzer), 322.34

Allen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-23T00:00:00-08:00

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

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

Lawrence v. Department of Highway Safety & Motor Vehicles

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-23T00:00:00-07:00

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

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

Arenas v. Department of Highway Safety & Motor Vehicles

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-27T00:00:00-07:00

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

Snippet: Statutes (2010), and one for violating section 316.1939 for refusing the breath alcohol level test. Based

Folden v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-22T00:00:00-07:00

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

Snippet: submit to a breath test as required by section 316.1939, Florida Statutes (2008). The State properly concedes…defendant's breath, urine or blood. See § 316.1939, Fla. Stat. (2008). To prove the defendant'

In Re Forfeiture of 2006 Chrysler 4-Door

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-17T00:00:00-07:00

Citation: 9 So. 3d 709, 2009 Fla. App. LEXIS 3253

Snippet: misdemeanor. See §§ 316.193(2)(b)(1), 316.1932, 316.1939(1), Fla. Stat. (2006). Pursuant to the Florida

State v. Busciglio

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-22T23:53:00-08:00

Citation: 976 So. 2d 15

Snippet: a first-degree misdemeanor pursuant to section 316.1939, Florida Statutes (2005). We have jurisdiction…Breath Testing; this warning is required by section 316.1939(1).[3] Thus Busciglio was specifically informed…question that prior to the enactment of section 316.1939 on July 1, 2002, a person did not have a right…to take the breath test] pursuant to [section] 316.1939." We will now address why this logic fails…he could refuse and potentially violate section 316.1939 or he could take the test and potentially provide

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

Court: Fla. | Date Filed: 2007-08-30T00:53:00-07:00

Citation: 965 So. 2d 811

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