Driver's License Test Prep
Florida Practice DUI & Impaired Driving

Under Florida's Implied Consent Law, what is the consequence the first time you refuse a lawfully requested breath, blood, or urine test?

  1. A.
    You are charged with a first degree misdemeanor at once.
  2. B.
    Your license is automatically suspended for one year. Correct
  3. C.
    You receive a fine but keep full driving privileges.
  4. D.
    Your license is suspended for 90 days pending a hearing.
The Why

The answer is "Your license is automatically suspended for one year."

A first refusal under Florida's Implied Consent Law carries an automatic one-year license suspension. Drivers who assume the criminal charge lands on the first refusal reach for A and skip the manual's two-tier structure, where the first-degree misdemeanor attaches only on a second refusal.

Why the others miss

The traps in the wrong answers

A. You are charged with a first degree misdemeanor at once.

The first-degree misdemeanor charge attaches to a second refusal, not the first. Reads the manual's two-tier refusal structure as one penalty applied in full from the first refusal onward.

C. You receive a fine but keep full driving privileges.

Refusal costs the license itself under Implied Consent, not just a fine. Treats refusal as a paperwork-only offense, on the assumption that only an actual DUI conviction can pull a license.

D. Your license is suspended for 90 days pending a hearing.

The first-refusal suspension runs a full year, not 90 days. Imports a 90-day administrative-suspension figure some other states use in place of Florida's one-year refusal penalty.

The Rule

This question tests your knowledge of DUI & Impaired Driving in Florida. Source: Florida Driver Manual, "Implied Consent Law," p.26..

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