Florida Statutes 327.359 – Refusal to submit to testing; penalties
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 327.359
- Arrest: Taking physical custody of a person by lawful authority.
- Person: means an individual, partnership, firm, corporation, association, or other entity. See Florida Statutes 327.02
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Vessel: is synonymous with boat as referenced in Florida Statutes 327.02
A person who has refused to submit to a chemical or physical test of his or her breath or urine, as described in s. 327.352, and who has been previously fined under s. 327.35215 or has previously had his or her driver license suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, and:
(1) Who the arresting law enforcement officer had probable cause to believe was operating or in actual physical control of a vessel in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances;
(2) Who was placed under lawful arrest for a violation of s. 327.35 unless such test was requested pursuant to s. 327.352(1)(c);
(3) Who was informed that if he or she refused to submit to such test, he or she is subject to a fine of $500;
(4) Who was informed that a refusal to submit to a lawful test of his or her breath or urine, if he or she has been previously fined under s. 327.35215 or has previously had his or her driver license suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; and
(5) 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, punishable as provided in s. 775.082 or s. 775.083.