Florida Statute 322.261 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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F.S. 322.0261

322.0261 Driver improvement course; requirement to maintain driving privileges; failure to complete; department approval of course.—

(1) The department shall screen crash reports received under s. 316.066 or s. 324.051 to identify crashes involving the following:

(a) A crash involving death or a bodily injury requiring transport to a medical facility;

(b) A second crash by the same operator within the previous 2-year period involving property damage in an apparent amount of at least $500; or

(2) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(a) or paragraph (1)(b), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The department shall include in the course curriculum instruction specifically addressing the rights of vulnerable road users as defined in s. 316.027 relative to vehicles on the roadway. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(3) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(c), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The course must include behind-the-wheel instruction and an assessment of the operator’s ability to safely operate a motor vehicle. Successful completion of a behind-the-wheel examination is required in order to receive completion credit for the course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(4)(a) The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(b) Any operator who receives a traffic citation for a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or s. 316.192, for which the court withholds adjudication, is not required to attend a driver improvement course, unless the court finds that the nature or severity of the violation is such that attendance to a driver improvement course is necessary. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(c) Any operator who receives a traffic citation for a violation of s. 316.172, for which the court withholds adjudication, is required to attend a driver improvement course. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.

(5) In determining whether to approve a driver improvement course for the purposes of this section, the department shall consider course content designed to promote safety, driver awareness, crash avoidance techniques, and other factors or criteria to improve driver performance from a safety viewpoint.

History.—s. 27, ch. 90-119; s. 72, ch. 94-306; s. 280, ch. 99-248; s. 5, ch. 2005-194; s. 3, ch. 2009-138; s. 9, ch. 2009-183; s. 12, ch. 2010-198; s. 3, ch. 2014-225; s. 5, ch. 2022-180.

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Amendments to 322.0261

Annotations, Discussions, Cases:

Cases Citing Statute 322.0261

Total Results: 75

Filmon v. State

336 So. 2d 586

Supreme Court of Florida | Filed: Jun 23, 1976 | Docket: 1378933

Cited 40 times | Published

the trial court passed upon the validity of Section 322.261, Florida Statutes, relative to blood alcohol

State v. Mitchell

245 So. 2d 618

Supreme Court of Florida | Filed: Mar 3, 1971 | Docket: 1356452

Cited 34 times | Published

whether the requirements of Florida Statutes § 322.261, F.S.A., were met. The officers in the instant

Gillman v. State

373 So. 2d 935

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 1772432

Cited 29 times | Published

sample was not taken in strict compliance with Section 322.261(2)(b), Florida Statutes (1977), and 2) Whether

State v. Hoch

500 So. 2d 597, 11 Fla. L. Weekly 2661

District Court of Appeal of Florida | Filed: Dec 16, 1986 | Docket: 408558

Cited 18 times | Published

motor vehicle for a period of 6 months. Section 322.261, Florida Statutes (1983). One of the policies

State v. Gillman

390 So. 2d 62

Supreme Court of Florida | Filed: Nov 6, 1980 | Docket: 1750315

Cited 18 times | Published

TECHNICIAN FOR PURPOSES OF THE REQUIREMENTS OF SECTION 322.261(2)(b), *63 FLORIDA STATUTES (1977), SO THAT

Sambrine v. State

386 So. 2d 546

Supreme Court of Florida | Filed: Jul 24, 1980 | Docket: 477482

Cited 14 times | Published

option given him by the Florida legislature in section 322.261(1)(a), Florida Statutes (1975), to refuse to

State v. Slaney

653 So. 2d 422, 1995 WL 119071

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 551966

Cited 13 times | Published

This it has done through the enactment of section 322.261, Florida Statues (1975) [now sections 316.1932

Davidson v. MacKinnon

656 So. 2d 223, 1995 WL 325955

District Court of Appeal of Florida | Filed: Jun 2, 1995 | Docket: 1283715

Cited 12 times | Published

breath test. Ch. 67-308, Laws of Fla., enacting § 322.261, Fla. Stat. (1967). Davidson's argument that the

State v. Williams

417 So. 2d 755

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 1721941

Cited 10 times | Published

Amendments of the United States Constitution, and section 322.261, Florida Statutes (1979). The Florida Supreme

Grala v. State

414 So. 2d 621

District Court of Appeal of Florida | Filed: Jun 1, 1982 | Docket: 1706912

Cited 10 times | Published

supervision satisfied the statutory requirements of section 322.261(2)(b), Florida Statutes (1979). At trial, Dr

State v. Riggins

348 So. 2d 1209

District Court of Appeal of Florida | Filed: Jul 22, 1977 | Docket: 1760444

Cited 10 times | Published

was impaired by the use of intoxicants. I. Section 322.261(1)(a), Florida Statutes (1975), commonly referred

State v. Kliphouse

771 So. 2d 16, 2000 WL 1397471

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1701142

Cited 9 times | Published

Mitchell was authorized under Florida Statutes section 322.261(1)(b) (1989), a predecessor to section 316

Johnson v. Florida Farm Bureau Cas. Ins. Co.

542 So. 2d 367, 1988 WL 2363

District Court of Appeal of Florida | Filed: Jan 20, 1988 | Docket: 468877

Cited 8 times | Published

test did not comply with the requirements of section 322.261, Florida Statutes (1981), Florida's implied

State v. Young

483 So. 2d 31

District Court of Appeal of Florida | Filed: Dec 26, 1985 | Docket: 104583

Cited 8 times | Published

option given him by the Florida legislature in Section 322.261(1)(a), [now section 316.1932(1)(a)] Florida

State v. Reisner

584 So. 2d 141, 1991 WL 151382

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1515180

Cited 7 times | Published

Bender, 382 So.2d 697 (Fla. 1980) (discussing section 322.261, Florida Statutes (1977).

Pardo v. State

429 So. 2d 1313

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 1667654

Cited 7 times | Published

privilege as required by the last sentence of section 322.261(1)(a), Florida Statutes (1981), a chemical

Campbell v. State

423 So. 2d 488

District Court of Appeal of Florida | Filed: Dec 14, 1982 | Docket: 545113

Cited 7 times | Published

motion to suppress made during the trial. Section 322.261, Florida Statutes, provides in part: (2)(a)

State v. Gunn

408 So. 2d 647

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 1449366

Cited 7 times | Published

reverse. Without question, both the statute, Section 322.261(1)(a), Florida Statutes (1979),[1] and the

State v. Geiss

70 So. 3d 642, 2011 Fla. App. LEXIS 11414, 2011 WL 2097694

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 441279

Cited 6 times | Published

and obvious legislative intent” of former section 322.261 led to the “inescapable conclusion that a person

State v. Roose

450 So. 2d 861

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 1433105

Cited 6 times | Published

physician, nurse, or technician as required by section 322.261(2)(b), Florida Statutes (1979) [now 316.1932(1)(f)2

Brown v. State

371 So. 2d 161

District Court of Appeal of Florida | Filed: Apr 18, 1979 | Docket: 1786214

Cited 6 times | Published

suppress the blood sample, the issue was whether Section 322.261, Florida Statutes (1977) (the "implied consent

State v. Burke

599 So. 2d 1339, 1992 WL 98795

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 1483867

Cited 5 times | Published

188 (Fla. 1989). Prior to the adoption of section 322.261 and section 322.262, Florida Statutes (1977)

Duval Motor Co. v. Woodward

419 So. 2d 303

Supreme Court of Florida | Filed: Jun 24, 1982 | Docket: 1753941

Cited 5 times | Published

by the district court, are now governed by section 322.261. BOYD and OVERTON, JJ., concur.

Smith v. State

378 So. 2d 281

Supreme Court of Florida | Filed: Dec 20, 1979 | Docket: 1794637

Cited 5 times | Published

refused to submit to the breathalyzer exam. Section 322.261(1)(a), Florida Statutes (1977), commonly known

Drury v. Harding

443 So. 2d 360

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 1459178

Cited 4 times | Published

322.262(3), Florida Statutes (1981); DHSMV, Section 322.261(2)(a), Florida Statutes (1981). [4] On March

Grant v. Brown

429 So. 2d 1229

District Court of Appeal of Florida | Filed: Mar 16, 1983 | Docket: 1221055

Cited 4 times | Published

breath test provided for by those sections. Section 322.261 requires that the blood test be requested by

Grant v. Brown

429 So. 2d 1229

District Court of Appeal of Florida | Filed: Mar 16, 1983 | Docket: 1221055

Cited 4 times | Published

breath test provided for by those sections. Section 322.261 requires that the blood test be requested by

State v. Duke

378 So. 2d 96

District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 1795311

Cited 4 times | Published

interpretation of Florida's implied consent law, Section 322.261(1)(a), Florida Statutes (1977), but deny the

McDonald v. State

364 So. 2d 1241

District Court of Appeal of Florida | Filed: Oct 27, 1978 | Docket: 461717

Cited 4 times | Published

procedure was accomplished in violation of Section 322.261, Florida Statutes (1975). The motion was heard

State v. Rivas-Marmol

679 So. 2d 808, 1996 WL 425677

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 2491351

Cited 3 times | Published

This it has done through the enactment of section 322.261, Florida Statutes (1975) [now section 316.1932

State v. Johnston

553 So. 2d 730, 1989 WL 151465

District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 1675492

Cited 3 times | Published

warnings under section 322.261(3)(d), Florida Statutes (1987). Reasoning that section 322.261(1) requires

Nelson v. State

508 So. 2d 48, 12 Fla. L. Weekly 1436

District Court of Appeal of Florida | Filed: Jun 10, 1987 | Docket: 2589178

Cited 3 times | Published

suspended Nelson's driver's license pursuant to section 322.261, Florida Statutes (1983). It appears that Nelson

State v. Pagach

442 So. 2d 331

District Court of Appeal of Florida | Filed: Dec 7, 1983 | Docket: 469099

Cited 2 times | Published

interpreting the former implied consent law, section 322.261(1)(a), Florida Statutes (1975), our supreme

Kujawa v. State

405 So. 2d 251

District Court of Appeal of Florida | Filed: Oct 27, 1981 | Docket: 1703693

Cited 2 times | Published

was satisfied in the present case. *252 Compare § 322.261(2)(b), Fla. Stat. (1977), with § 322.262(3), Fla

Gagel v. Cornelius

380 So. 2d 1333

District Court of Appeal of Florida | Filed: Mar 19, 1980 | Docket: 1401967

Cited 2 times | Published

hospitalization of petitioner and others. Pursuant to Section 322.261(1)(c), Florida Statutes (1977), a Highway Patrol

Lytwyn v. State

353 So. 2d 222

District Court of Appeal of Florida | Filed: Dec 30, 1977 | Docket: 424155

Cited 2 times | Published

provisions? The "implied consent statute", Section 322.261(1)(a), Florida Statutes, provides for a "breathalyser"

Lytwyn v. State

353 So. 2d 222

District Court of Appeal of Florida | Filed: Dec 30, 1977 | Docket: 424155

Cited 2 times | Published

provisions? The "implied consent statute", Section 322.261(1)(a), Florida Statutes, provides for a "breathalyser"

Davis v. Smith

227 So. 2d 342

District Court of Appeal of Florida | Filed: Oct 16, 1969 | Docket: 1390346

Cited 2 times | Published

Laws of Fla., 1967, includes both F.S. 1967, Section 322.261 and Section 322.262, F.S.A. Certain provisions

John Eugene Williams, III v. State of Florida

244 So. 3d 356

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366189

Cited 1 times | Published

privilege” encompasses “driver license.” See, e.g., § 322.0261(2), Fla. Stat. (2016) (requiring the cancellation

State v. Ducksworth

408 So. 2d 589

District Court of Appeal of Florida | Filed: Nov 25, 1981 | Docket: 2583809

Cited 1 times | Published

been met, in that the tests authorized by section 322.261(1)(a), Florida Statutes, are compulsory. Sambrine

State v. Langsford

816 So. 2d 136, 2002 Fla. App. LEXIS 3939, 2002 WL 460396

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64815033

Published

This it has done through the enactment of section 322.261, Florida Statutes (1975) [now sections 316

Ago

Florida Attorney General Reports | Filed: Sep 13, 1995 | Docket: 3257153

Published

infraction is reduced by 18 percent. Under section 322.0261(1), Florida Statutes (1994 Supp.), the Department

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 64692018

Published

Procedures. — In all hearings arising under Section 322.261, Florida Statutes, the following procedure

Vernon v. State

558 So. 2d 535, 1990 Fla. App. LEXIS 2125, 1990 WL 35929

District Court of Appeal of Florida | Filed: Mar 29, 1990 | Docket: 64648884

Published

petitioner’s implied consent hearing held pursuant to Section 322.261, Florida Statutes (1987), the county court

Solomon v. State

538 So. 2d 931, 14 Fla. L. Weekly 377, 1989 Fla. App. LEXIS 469, 1989 WL 8336

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 64640624

Published

the suspension of his driver’s license under section 322.261 on the basis that he had refused to take the

Florida Bar

530 So. 2d 274, 13 Fla. L. Weekly 510, 1988 Fla. LEXIS 885, 1988 WL 90343

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64636676

Published

CHANGE PROCEDURES: In all hearings arising under F.S. 322.261, the following procedure shall be followed:

Florida Bar

536 So. 2d 181, 1988 Fla. LEXIS 1471, 1988 WL 143332

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639474

Published

PROCEDURES. In all hearings arising under Section 322.261, Florida Statutes, the following procedure

State, Department of Highway Safety & Motor Vehicles v. Bell

505 So. 2d 472, 12 Fla. L. Weekly 708, 1987 Fla. App. LEXIS 7134

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 64626396

Published

to submit to a chemical blood alcohol test. Section 322.-261(1), Florida Statutes (1985) requires the Department

Richwagon v. State

466 So. 2d 10, 10 Fla. L. Weekly 658, 1985 Fla. App. LEXIS 12942

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 64610880

Published

62, 64 (Fla.1980), “the partial purpose of section 322.-261[1] is to guard the health of those individuals

Strong v. State

465 So. 2d 549, 10 Fla. L. Weekly 598, 1985 Fla. App. LEXIS 12751

District Court of Appeal of Florida | Filed: Mar 5, 1985 | Docket: 64610680

Published

1932(l)(f) 2, Florida Statutes (Supp. 1982), nor section 322.261(2)(b), Florida Statutes (1981), are applicable;

State v. Counts

457 So. 2d 568, 9 Fla. L. Weekly 2151, 1984 Fla. App. LEXIS 15387

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607405

Published

Examiners, the test was not admissible under section 322.261(2)(b), Florida Statutes (1981). We disagree

State v. Demarzo

453 So. 2d 850, 1984 Fla. App. LEXIS 14295

District Court of Appeal of Florida | Filed: Jul 11, 1984 | Docket: 64606216

Published

encroachment upon the judicial rule-making authority. § 322.261(4). Appellee argues that the rule in question

State v. Lee

422 So. 2d 76, 1982 Fla. App. LEXIS 21623

District Court of Appeal of Florida | Filed: Nov 19, 1982 | Docket: 64593388

Published

SCHOONOVER, J., concur. . That chapter includes section 322.261(2)(c) which allows an arrestee to also choose

Ago

Florida Attorney General Reports | Filed: Mar 2, 1982 | Docket: 3255240

Published

affidavits pending receipt of this opinion. Section 322.261, Florida's `Implied Consent Law' provides in

Brown v. State

412 So. 2d 22, 1982 Fla. App. LEXIS 19320

District Court of Appeal of Florida | Filed: Feb 26, 1982 | Docket: 64589035

Published

invalidated the Duke holding. Sambrine states that section 322.261, Florida Statutes (1979) gives a driver the

Barrentine v. Makely

406 So. 2d 1237, 1981 Fla. App. LEXIS 21820

District Court of Appeal of Florida | Filed: Dec 4, 1981 | Docket: 64586647

Published

the blood of a suspect, administered under section 322.261(l)(a), Florida Statutes (1975), are admissible

State v. Rafferty

405 So. 2d 1004, 1981 Fla. App. LEXIS 21146

District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 64586043

Published

appropriate circumstances. However, Florida has by Section 322.261, Florida Statutes (1979), prohibited the taking

Woodward v. Duval Motor Co.

391 So. 2d 700, 1980 Fla. App. LEXIS 18265

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579367

Published

well as a compliance with the requirements of Section 322.261, Florida Statutes. 245 So.2d at 622. Finally

Woodward v. Duval Motor Co.

391 So. 2d 700, 1980 Fla. App. LEXIS 18265

District Court of Appeal of Florida | Filed: Dec 9, 1980 | Docket: 64579367

Published

well as a compliance with the requirements of Section 322.261, Florida Statutes. 245 So.2d at 622. Finally

State v. Demoya

380 So. 2d 505, 1980 Fla. App. LEXIS 16038

District Court of Appeal of Florida | Filed: Feb 26, 1980 | Docket: 64574684

Published

test by an investigating officer, pursuant to Section 322.261, Florida Statutes (1977).1 In this connection

Ago

Florida Attorney General Reports | Filed: Jan 19, 1979 | Docket: 3258653

Published

under the influence of alcoholic beverages. Section 322.261(2)(a), authorizes the arresting police officer

Allen v. State

314 So. 2d 154, 1975 Fla. App. LEXIS 13678

District Court of Appeal of Florida | Filed: May 16, 1975 | Docket: 64547196

Published

jury concerning the presumptions contained in F.S. 322.261 as to the degree of intoxication that the jury

Filmon v. State

311 So. 2d 821, 1975 Fla. App. LEXIS 15151

District Court of Appeal of Florida | Filed: Apr 23, 1975 | Docket: 64545996

Published

trial court upheld the validity of Fla.Stat. § 322.261 in face of appellant’s attack on its constitutionality

Galloway v. State

305 So. 2d 278, 1974 Fla. App. LEXIS 7446

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 64543514

Published

driver’s license was suspended pursuant to Fla.Stat. § 322.261 (1973) in the county court for Pinellas County

Galloway v. State

305 So. 2d 278, 1974 Fla. App. LEXIS 7446

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 64543514

Published

driver’s license was suspended pursuant to Fla.Stat. § 322.261 (1973) in the county court for Pinellas County

Massey v. City of Gainesville

296 So. 2d 64, 1974 Fla. App. LEXIS 6919

District Court of Appeal of Florida | Filed: Jun 20, 1974 | Docket: 64539644

Published

Municipal Court, basing his request on Florida Statute 322.261 and Florida Statute 322.262, the enactments

Ago

Florida Attorney General Reports | Filed: Apr 29, 1974 | Docket: 3258316

Published

privilege to operate a motor vehicle is suspended. Section 322.261(1)(d), F. S., provides: Suspension of license;

Ago

Florida Attorney General Reports | Filed: Feb 28, 1974 | Docket: 3255362

Published

peace officer who requests the blood test. Section 322.261, F.S., provides at least four circumstances

Brooks v. Town of Orange Park

286 So. 2d 593, 1973 Fla. App. LEXIS 6319

District Court of Appeal of Florida | Filed: Nov 27, 1973 | Docket: 64535981

Published

person charged or tested under the provisions of § 322.261 [operating a motor vehicle while under the influence

Dawson v. State

266 So. 2d 116, 1972 Fla. App. LEXIS 6259

District Court of Appeal of Florida | Filed: Aug 31, 1972 | Docket: 64527395

Published

from his body contrary to the provisions of F.S. § 322.261, F.S.A. The facts surrounding the extraction of

Ratliff v. State

256 So. 2d 262, 1972 Fla. App. LEXIS 7454

District Court of Appeal of Florida | Filed: Jan 4, 1972 | Docket: 64523778

Published

the court is referred to the provisions of Section 322.261, Florida Statutes, F.S.A., which provide as

Akins v. State

249 So. 2d 778, 1971 Fla. App. LEXIS 6464

District Court of Appeal of Florida | Filed: Jun 16, 1971 | Docket: 64521128

Published

Court on Petition for Hearing Pursuant to F.S. § 322.-261(1) (d) F.S.A., in which the County Judge found

Perryman v. State

242 So. 2d 762, 1971 Fla. App. LEXIS 5501

District Court of Appeal of Florida | Filed: Jan 7, 1971 | Docket: 64518184

Published

of the trial court’s denial of relief under Section 322.-261(1) (d), Florida Statutes, F.S.A., upon ruling

State v. Smith

241 So. 2d 728, 1970 Fla. App. LEXIS 5483

District Court of Appeal of Florida | Filed: Dec 4, 1970 | Docket: 64517751

Published

he would have administered to himself under Section 322.-261(1) (g), Florida Statutes, F.S.A., which provides:

Shores v. State

233 So. 2d 434, 1970 Fla. App. LEXIS 6688

District Court of Appeal of Florida | Filed: Mar 19, 1970 | Docket: 64513904

Published

administered upon the appellant’s blood, pursuant to Section 322.-261, Florida Statutes, F.S.A., despite the fact