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Florida Statute 322.0261 - Full Text and Legal Analysis Florida Statute 322.0261 | Lawyer Caselaw & Research
Fla. Stat. § 322.0261 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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
(c) A third crash by the same operator within 36 months after the first crash.
(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.

Cases Citing F.S. 322.0261

Fla. Stat. § 322.0261 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Filmon v. State, 336 So. 2d 586 (Fla. 1976).

Cited 40 times | Published | Supreme Court of Florida

the trial court passed upon the validity of Section 322.261, Florida Statutes, relative to blood alcohol
0 red0 yellow13 green16 procedural
Cited as authorityKeller (2003)
phrase: "rule_authority"
Cited as authorityMurry (2001)
phrase: "rule_authority"
Cited as authorityCopertino (1999)
phrase: "rule_authority"
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·Gillman v. State, 373 So. 2d 935 (Fla. 2d DCA 1979).

Cited 29 times | Published | Florida 2nd District Court of Appeal

sample was not taken in strict compliance with Section 322.261(2)(b), Florida Statutes (1977), and 2) Whether
0 red0 yellow11 green0 procedural
Cited as authorityWalek (2014)
phrase: "rule_authority"
Cited as authorityWilson (2003)
phrase: "rule_authority"
Cited as authorityCharles (2002)
phrase: "rule_authority"
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·State v. Hoch, 500 So. 2d 597 (Fla. 3d DCA 1986).

Cited 18 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2661

motor vehicle for a period of 6 months. — Section 322.261, Florida Statutes (1983). One of the policies
0 red0 yellow14 green5 procedural
Cited as authorityCommonwealth (2016)
phrase: "rule_authority"
Cited as authorityCommonwealth (2016)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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·State v. Mitchell, 245 So. 2d 618 (Fla. 1971).

Cited 34 times | Published | Supreme Court of Florida

whether the requirements of Florida Statutes § 322.261, F.S.A., were met. The officers in the instant
4 red0 yellow7 green1 procedural
Receded fromGeiss (2011)
phrase: "receded from"
Receded fromKliphouse (2000)
phrase: "receded from"
Receded fromPerez (1993)
phrase: "receding from"
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·Sambrine v. State, 386 So. 2d 546 (Fla. 1980).

Cited 14 times | Published | Supreme Court of Florida

option given him by the Florida legislature in section 322.261(1)(a), Florida Statutes (1975), to refuse to
1 red0 yellow10 green0 procedural
Receded fromCraft (1985)
phrase: "receding from"
Cited as authorityCatalano (2012)
phrase: "rule_authority"
Cited as authorityGeiss (2011)
phrase: "rule_authority"
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·State v. Slaney, 653 So. 2d 422 (Fla. 3d DCA 1995).

Cited 13 times | Published | Florida 3rd District Court of Appeal | 1995 WL 119071

This it has done through the enactment of section 322.261, Florida Statues (1975) [now sections 316.1932
0 red0 yellow8 green0 procedural
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2017)
phrase: "rule_authority"
Cited as authorityGeiss (2011)
phrase: "rule_authority"
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·State v. Gillman, 390 So. 2d 62 (Fla. 1980).

Cited 18 times | Published | Supreme Court of Florida

TECHNICIAN FOR PURPOSES OF THE REQUIREMENTS OF SECTION 322.261(2)(b), *63 FLORIDA STATUTES (1977), SO THAT
0 red0 yellow3 green0 procedural
Cited as authorityRobertson (1992)
phrase: "rule_authority"
Cited as authorityRoose (1984)
phrase: "rule_authority"
Cited as authorityPotter (1983)
phrase: "rule_authority"
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·Davidson v. MacKinnon, 656 So. 2d 223 (Fla. 5th DCA 1995).

Cited 12 times | Published | Florida 5th District Court of Appeal | 1995 WL 325955

breath test. Ch. 67-308, Laws of Fla., enacting § 322.261, Fla. Stat. (1967). Davidson's argument that the
0 red0 yellow7 green4 procedural
Cited as authorityDeutschendorf (1996)
phrase: "rule_authority"
Cited as authority(citing case) (1996)
phrase: "rule_authority"
Cited as authorityHelber (1996)
phrase: "rule_authority"
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·Grala v. State, 414 So. 2d 621 (Fla. 3d DCA 1982).

Cited 10 times | Published | Florida 3rd District Court of Appeal

supervision satisfied the statutory requirements of section 322.261(2)(b), Florida Statutes (1979). At trial, Dr
1 red2 yellow3 green0 procedural
OverruledStancato (1988)
phrase: "been overruled"
Declined to followHigdon (1985)
phrase: "declined to follow"
Cited "but see"Higdon (1985)
phrase: "but see"
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·State v. Kliphouse, 771 So. 2d 16 (Fla. 4th DCA 2000).

Cited 9 times | Published | Florida 4th District Court of Appeal | 2000 WL 1397471

Mitchell was authorized under Florida Statutes section 322.261(1)(b) (1989), a predecessor to section 316
0 red0 yellow7 green0 procedural
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2021)
phrase: "rule_authority"
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·State v. Williams, 417 So. 2d 755 (Fla. 5th DCA 1982).

Cited 10 times | Published | Florida 5th District Court of Appeal

Amendments of the United States Constitution, and section 322.261, Florida Statutes (1979). The Florida Supreme
0 red0 yellow5 green0 procedural
Cited as authorityGeiss (2011)
phrase: "rule_authority"
Cited as authoritySerrago (2004)
phrase: "rule_authority"
Cited as authorityFoster (2003)
phrase: "rule_authority"
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·Johnson v. Florida Farm Bureau Cas. Ins. Co., 542 So. 2d 367 (Fla. 4th DCA 1988).

Cited 8 times | Published | Florida 4th District Court of Appeal | 1988 WL 2363

test did not comply with the requirements of section 322.261, Florida Statutes (1981), Florida's implied
0 red0 yellow6 green0 procedural
Cited as authority(citing case) (2019)
phrase: "rule_authority"
Cited as authorityRamirez (2013)
phrase: "rule_authority"
Cited as authorityShaps (2002)
phrase: "rule_authority"
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·State v. Gunn, 408 So. 2d 647 (Fla. 4th DCA 1981).

Cited 7 times | Published | Florida 4th District Court of Appeal

reverse. Without question, both the statute, Section 322.261(1)(a), Florida Statutes (1979),[1] and the
0 red0 yellow7 green0 procedural
Cited as authorityKurecka (2010)
phrase: "rule_authority"
Cited as authorityKirpalani (2008)
phrase: "rule_authority"
Cited as authorityDubiel (2007)
phrase: "rule_authority"
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·State v. Reisner, 584 So. 2d 141 (Fla. 5th DCA 1991).

Cited 7 times | Published | Florida 5th District Court of Appeal | 1991 WL 151382

Bender, 382 So.2d 697 (Fla. 1980) (discussing section 322.261, Florida Statutes (1977).
0 red0 yellow5 green2 procedural
AdoptedWissel (1997)
phrase: "adopted in"
Cited as authorityFarley (1994)
phrase: "rule_authority"
Cited as authorityRochelle (1992)
phrase: "rule_authority"
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·Pardo v. State, 429 So. 2d 1313 (Fla. 5th DCA 1983).

Cited 7 times | Published | Florida 5th District Court of Appeal

privilege as required by the last sentence of section 322.261(1)(a), Florida Statutes (1981), a chemical
0 red0 yellow4 green0 procedural
Cited as authorityGeiss (2011)
phrase: "rule_authority"
Cited as authorityKirpalani (2008)
phrase: "rule_authority"
Cited as authorityStrong (1985)
phrase: "rule_authority"
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·State v. Geiss, 70 So. 3d 642 (Fla. 5th DCA 2011).

Cited 6 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 11414, 2011 WL 2097694

and obvious legislative intent” of former section 322.261 led to the “inescapable conclusion that a person
0 red2 yellow4 green0 procedural
LimitedTmh (2011)
phrase: "limited in"
LimitedT.M.H. (2011)
phrase: "limited in"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
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·State v. Riggins, 348 So. 2d 1209 (Fla. 4th DCA 1977).

Cited 10 times | Published | Florida 4th District Court of Appeal

was impaired by the use of intoxicants. I. Section 322.261(1)(a), Florida Statutes (1975), commonly referred
0 red0 yellow1 green0 procedural
Cited as authorityHitchens (1980)
phrase: "rule_authority"
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·State v. Young, 483 So. 2d 31 (Fla. 5th DCA 1985).

Cited 8 times | Published | Florida 5th District Court of Appeal

option given him by the Florida legislature in Section 322.261(1)(a), [now section 316.1932(1)(a)] Florida
0 red0 yellow2 green0 procedural
Cited as authorityDubiel (2007)
phrase: "rule_authority"
Cited as authorityHoch (1986)
phrase: "rule_authority"
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·Brown v. State, 371 So. 2d 161 (Fla. 2d DCA 1979).

Cited 6 times | Published | Florida 2nd District Court of Appeal

suppress the blood sample, the issue was whether Section 322.261, Florida Statutes (1977) (the "implied consent
0 red0 yellow2 green0 procedural
Cited as authorityHouser (1985)
phrase: "rule_authority"
Cited as authorityUbelis (1980)
phrase: "rule_authority"
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·State v. Roose, 450 So. 2d 861 (Fla. 3d DCA 1984).

Cited 6 times | Published | Florida 3rd District Court of Appeal

physician, nurse, or technician as required by section 322.261(2)(b), Florida Statutes (1979) [now 316.1932(1)(f)2
0 red0 yellow1 green3 procedural
Cited as authorityGargone (1987)
phrase: "rule_authority"
Review deniedSlaney (1995)
phrase: "review denied"
Review deniedRobertson (1992)
phrase: "review denied"
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·Drury v. Harding, 443 So. 2d 360 (Fla. 1st DCA 1983).

Cited 4 times | Published | Florida 1st District Court of Appeal

322.262(3), Florida Statutes (1981); DHSMV, Section 322.261(2)(a), Florida Statutes (1981). [4] On March
0 red0 yellow3 green1 procedural
Cited as authorityDrury (1984)
phrase: "rule_authority"
AdoptedDingus (1984)
phrase: "adopted by"
ApprovedFardelman (1984)
phrase: "approved by"
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·State v. Burke, 599 So. 2d 1339 (Fla. 1st DCA 1992).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1992 WL 98795

188 (Fla. 1989). Prior to the adoption of section 322.261 and section 322.262, Florida Statutes (1977)
0 red0 yellow1 green1 procedural
Cited as authority(citing case) (2018)
phrase: "rule_authority"
Review deniedMcRoberts (1993)
phrase: "review denied"
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·Duval Motor Co. v. Woodward, 419 So. 2d 303 (Fla. 1982).

Cited 5 times | Published | Supreme Court of Florida

by the district court, are now governed by section 322.261. BOYD and OVERTON, JJ., concur.
0 red0 yellow1 green0 procedural
Cited as authoritySikes (1983)
phrase: "rule_authority"
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Campbell v. State, 423 So. 2d 488 (Fla. 1st DCA 1982).

Cited 7 times | Published | Florida 1st District Court of Appeal

motion to suppress made during the trial. Section 322.261, Florida Statutes, provides in part: (2)(a)
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·State v. Rivas-Marmol, 679 So. 2d 808 (Fla. 3d DCA 1996).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 425677

This it has done through the enactment of section 322.261, Florida Statutes (1975) [now section 316.1932
0 red0 yellow2 green0 procedural
Cited as authorityMathis (2010)
phrase: "rule_authority"
Cited as authorityWhitley (2003)
phrase: "rule_authority"
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·Davis v. Smith, 227 So. 2d 342 (Fla. 4th DCA 1969).

Cited 2 times | Published | Florida 4th District Court of Appeal

Laws of Fla., 1967, includes both F.S. 1967, Section 322.261 and Section 322.262, F.S.A. Certain provisions
0 red0 yellow4 green0 procedural
AdoptedEgan (1974)
phrase: "adopted by"
Adopted(citing case) (1972)
phrase: "adopted by"
Cited as authorityAdams (1972)
phrase: "rule_authority"
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Smith v. State, 378 So. 2d 281 (Fla. 1979).

Cited 5 times | Published | Supreme Court of Florida

refused to submit to the breathalyzer exam. Section 322.261(1)(a), Florida Statutes (1977), commonly known
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·Nelson v. State, 508 So. 2d 48 (Fla. 4th DCA 1987).

Cited 3 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1436

suspended Nelson's driver's license pursuant to section 322.261, Florida Statutes (1983). It appears that Nelson
0 red0 yellow1 green0 procedural
Cited as authorityKurecka (2010)
phrase: "rule_authority"
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·State v. Johnston, 553 So. 2d 730 (Fla. 2d DCA 1989).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 151465

warnings under section 322.261(3)(d), Florida Statutes (1987). Reasoning that section 322.261(1) requires
0 red0 yellow1 green0 procedural
Cited as authorityCrain (2005)
phrase: "rule_authority"
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McDonald v. State, 364 So. 2d 1241 (Fla. 2d DCA 1978).

Cited 4 times | Published | Florida 2nd District Court of Appeal

procedure was accomplished in violation of Section 322.261, Florida Statutes (1975). The motion was heard
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·Grant v. Brown, 429 So. 2d 1229 (Fla. 5th DCA 1983).

Cited 4 times | Published | Florida 5th District Court of Appeal

breath test provided for by those sections. Section 322.261 requires that the blood test be requested by
0 red0 yellow0 green2 procedural
Review deniedLove (1994)
phrase: "review denied"
Review deniedStrong (1985)
phrase: "review denied"
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·State v. Duke, 378 So. 2d 96 (Fla. 2d DCA 1979).

Cited 4 times | Published | Florida 2nd District Court of Appeal

interpretation of Florida's implied consent law, Section 322.261(1)(a), Florida Statutes (1977), but deny the
4 red0 yellow0 green0 procedural
Receded fromYoung (1985)
phrase: "receded from"
Receded fromCraft (1985)
phrase: "receding from"
OverruledCraft (1984)
phrase: "overruled by"
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Kujawa v. State, 405 So. 2d 251 (Fla. 3d DCA 1981).

Cited 2 times | Published | Florida 3rd District Court of Appeal

was satisfied in the present case. *252 Compare § 322.261(2)(b), Fla. Stat. (1977), with § 322.262(3), Fla
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Gagel v. Cornelius, 380 So. 2d 1333 (Fla. 5th DCA 1980).

Cited 2 times | Published | Florida 5th District Court of Appeal

hospitalization of petitioner and others. Pursuant to Section 322.261(1)(c), Florida Statutes (1977), a Highway Patrol
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State v. Pagach, 442 So. 2d 331 (Fla. 2d DCA 1983).

Cited 2 times | Published | Florida 2nd District Court of Appeal

interpreting the former implied consent law, section 322.261(1)(a), Florida Statutes (1975), our supreme
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·Lytwyn v. State, 353 So. 2d 222 (Fla. 1st DCA 1977).

Cited 2 times | Published | Florida 1st District Court of Appeal

provisions? The "implied consent statute", Section 322.261(1)(a), Florida Statutes, provides for a "breathalyser"
0 red0 yellow0 green1 procedural
Cert. deniedRoose (1984)
phrase: "cert. denied"
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John Eugene Williams, III v. State of Florida, 244 So. 3d 356 (Fla. 1st DCA 2018).

Cited 1 times | Published | Florida 1st District Court of Appeal

...Also, Florida courts have consistently stated that a license to drive is a privilege, not a right, that is subject to regulation. Bolware v. State, 995 So. 2d 268, 274 (Fla. 2008). In addition, several statutes within chapter 322 indicate that “driving privilege” encompasses “driver license.” See, e.g., § 322.0261(2), Fla....
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·State, Dep't of High. Saf. & Motor Vehs. v. Bell, 505 So. 2d 472 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 708, 1987 Fla. App. LEXIS 7134

to submit to a chemical blood alcohol test. Section 322.-261(1), Florida Statutes (1985) requires the Department
0 red0 yellow2 green0 procedural
Cited as authoritySimmons (2000)
phrase: "rule_authority"
Cited as authorityBuchbaum (1991)
phrase: "rule_authority"
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·Ratliff v. State, 256 So. 2d 262 (Fla. Dist. Ct. App. 1972).

Published | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7454

the court is referred to the provisions of Section 322.261, Florida Statutes, F.S.A., which provide as
0 red0 yellow2 green0 procedural
Cited as authorityAnderson (2020)
phrase: "rule_authority"
Cited as authorityBallard (1978)
phrase: "rule_authority"
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·Brooks v. Town of Orange Park, 286 So. 2d 593 (Fla. Dist. Ct. App. 1973).

Published | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6319

person charged or tested under the provisions of § 322.261 [operating a motor vehicle while under the influence
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (2012)
phrase: "rule_authority"
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·State v. Langsford, 816 So. 2d 136 (Fla. 4th DCA 2002).

Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 3939, 2002 WL 460396

This it has done through the enactment of section 322.261, Florida Statutes (1975) [now sections 316
0 red0 yellow1 green0 procedural
Cited as authorityHilton (2005)
phrase: "rule_authority"
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·Shores v. State, 233 So. 2d 434 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6688

administered upon the appellant’s blood, pursuant to Section 322.-261, Florida Statutes, F.S.A., despite the fact
0 red0 yellow1 green0 procedural
Cited as authorityFilmon (1976)
phrase: "rule_authority"
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·State v. Demarzo, 453 So. 2d 850 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14295

encroachment upon the judicial rule-making authority. § 322.261(4). Appellee argues that the rule in question
0 red0 yellow1 green0 procedural
Cited as authorityCatalano (2012)
phrase: "rule_authority"
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·Perryman v. State, 242 So. 2d 762 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5501

of the trial court’s denial of relief under Section 322.-261(1) (d), Florida Statutes, F.S.A., upon ruling
0 red0 yellow1 green0 procedural
Cited as authorityRossell (1978)
phrase: "rule_authority"
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·Solomon v. State, 538 So. 2d 931 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 377, 1989 Fla. App. LEXIS 469, 1989 WL 8336

the suspension of his driver’s license under section 322.261 on the basis that he had refused to take the
0 red0 yellow1 green0 procedural
Cited as authorityCunningham (1991)
phrase: "rule_authority"
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·Woodward v. Duval Motor Co., 391 So. 2d 700 (Fla. 3d DCA 1980).

Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 18265

well as a compliance with the requirements of Section 322.261, Florida Statutes. 245 So.2d at 622. Finally
0 red0 yellow1 green0 procedural
Cited as authorityWoodward (1982)
phrase: "rule_authority"
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·Florida Bar, 536 So. 2d 181 (Fla. 1988).

Published | Supreme Court of Florida | 1988 Fla. LEXIS 1471, 1988 WL 143332

PROCEDURES. In all hearings arising under Section 322.261, Florida Statutes, the following procedure
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (1992)
phrase: "rule_authority"
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·State v. Ducksworth, 408 So. 2d 589 (Fla. 2d DCA 1981).

Cited 1 times | Published | Florida 2nd District Court of Appeal

been met, in that the tests authorized by section 322.261(1)(a), Florida Statutes, are compulsory. Sambrine
1 red0 yellow0 green0 procedural
No longer good lawYoung (1985)
phrase: "no longer good law"
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State v. Rafferty, 405 So. 2d 1004 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21146

appropriate circumstances. However, Florida has by Section 322.261, Florida Statutes (1979), prohibited the taking
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Ago (Fla. Att'y Gen. 1995).

Published | Florida Attorney General Reports

infraction is reduced by 18 percent. Under section 322.0261(1), Florida Statutes (1994 Supp.), the Department
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In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts, 608 So. 2d 451 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Procedures. — In all hearings arising under Section 322.261, Florida Statutes, the following procedure
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State v. Counts, 457 So. 2d 568 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2151, 1984 Fla. App. LEXIS 15387

Examiners, the test was not admissible under section 322.261(2)(b), Florida Statutes (1981). We disagree
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Allen v. State, 314 So. 2d 154 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13678

jury concerning the presumptions contained in F.S. 322.261 as to the degree of intoxication that the jury
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Strong v. State, 465 So. 2d 549 (Fla. 3d DCA 1985).

Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 598, 1985 Fla. App. LEXIS 12751

1932(l)(f) 2, Florida Statutes (Supp. 1982), nor section 322.261(2)(b), Florida Statutes (1981), are applicable;
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Vernon v. State, 558 So. 2d 535 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2125, 1990 WL 35929

petitioner’s implied consent hearing held pursuant to Section 322.261, Florida Statutes (1987), the county court
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Ago (Fla. Att'y Gen. 1982).

Published | Florida Attorney General Reports

affidavits pending receipt of this opinion. Section 322.261, Florida's `Implied Consent Law' provides in
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Richwagon v. State, 466 So. 2d 10 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 658, 1985 Fla. App. LEXIS 12942

62, 64 (Fla.1980), “the partial purpose of section 322.-261[1] is to guard the health of those individuals
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Massey v. City of Gainesville, 296 So. 2d 64 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6919

Municipal Court, basing his request on Florida Statute 322.261 and Florida Statute 322.262, the enactments
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Akins v. State, 249 So. 2d 778 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6464

Court on Petition for Hearing Pursuant to F.S. § 322.-261(1) (d) F.S.A., in which the County Judge found
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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

under the influence of alcoholic beverages. Section 322.261(2)(a), authorizes the arresting police officer
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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

peace officer who requests the blood test. Section 322.261, F.S., provides at least four circumstances
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Brown v. State, 412 So. 2d 22 (Fla. 2d DCA 1982).

Published | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 19320

invalidated the Duke holding. Sambrine states that section 322.261, Florida Statutes (1979) gives a driver the
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State v. Demoya, 380 So. 2d 505 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16038

test by an investigating officer, pursuant to Section 322.261, Florida Statutes (1977).1 In this connection
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Barrentine v. Makely, 406 So. 2d 1237 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21820

the blood of a suspect, administered under section 322.261(l)(a), Florida Statutes (1975), are admissible
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State v. Smith, 241 So. 2d 728 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5483

he would have administered to himself under Section 322.-261(1) (g), Florida Statutes, F.S.A., which provides:
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Galloway v. State, 305 So. 2d 278 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 7446

driver’s license was suspended pursuant to Fla.Stat. § 322.261 (1973) in the county court for Pinellas County
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Dawson v. State, 266 So. 2d 116 (Fla. 3d DCA 1972).

Published | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 6259

from his body contrary to the provisions of F.S. § 322.261, F.S.A. The facts surrounding the extraction of
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Florida Bar, 530 So. 2d 274 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 510, 1988 Fla. LEXIS 885, 1988 WL 90343

CHANGE PROCEDURES: In all hearings arising under F.S. 322.261, the following procedure shall be followed:
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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

privilege to operate a motor vehicle is suspended. Section 322.261(1)(d), F. S., provides: Suspension of license;
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Filmon v. State, 311 So. 2d 821 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15151

trial court upheld the validity of Fla.Stat. § 322.261 in face of appellant’s attack on its constitutionality
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·State v. Lee, 422 So. 2d 76 (Fla. 2d DCA 1982).

Published | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 21623

SCHOONOVER, J., concur. . That chapter includes section 322.261(2)(c) which allows an arrestee to also choose
1 red0 yellow0 green0 procedural
OverruledDove (1984)
phrase: "overruling"
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This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 322 matters in the context of driving-while-license-suspended and criminal traffic defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.