Florida HSMV BAR1002 Affidavit of Blood Test Refusal

What Is Florida HSMV Form BAR1002?

Form BAR1002 is a standardized affidavit used by Florida law enforcement officers or correctional officers. It documents that a driver was properly advised of the consequences of refusing a blood test and still declined to submit to testing.

The form is required under Florida’s implied consent provisions when a blood test is requested pursuant to Florida Statute § 316.1932(1)(c). Blood tests are typically requested only in limited situations, such as when the driver is at a hospital, clinic, or other medical facility and a breath or urine test is impossible or impractical.

Key elements recorded on the form include:

• The name and agency of the officer who read the implied consent warning
• The driver’s full name and driver’s license number
• The date, time, and location of the request
• Confirmation that the driver appeared for treatment at a medical facility
• A statement that the officer informed the driver of the license suspension consequences
• The officer’s sworn signature and notarization or attestation

The completed affidavit must be notarized or attested to under Florida Statute § 117.10 and submitted to the Bureau of Administrative Reviews along with the driver’s license, a copy of the Uniform Traffic Citation (UTC), and the probable cause affidavit.

Florida’s Implied Consent Law and Blood Tests

Under Florida Statute § 316.1932, any person who operates a motor vehicle in the state is deemed to have given consent to approved chemical or physical tests of their breath, blood, or urine if lawfully arrested for driving under the influence.

Blood tests occupy a special category. Officers may request a blood sample when:

• The driver is receiving treatment at a hospital, clinic, or medical facility, and
• A breath or urine test is impractical or impossible

In cases involving death or serious bodily injury, Florida Statute § 316.1933 may also authorize a forced blood draw under certain conditions. In routine DUI stops, however, blood testing is not the default method.

Importantly, while refusal of a breath or urine test can result in a criminal misdemeanor charge (effective for offenses on or after October 1, 2025), refusal of a blood test does not carry a separate criminal refusal charge under current Florida law. Administrative license suspension still applies.

Consequences of Refusing a Blood Test in Florida

Refusing a lawful blood test triggers an automatic administrative suspension of the driver’s license by the Florida Department of Highway Safety and Motor Vehicles, regardless of the outcome of any related criminal DUI case.

Suspension periods are as follows:

• First refusal: One (1) year license suspension
• Second or subsequent refusal: Eighteen (18) months license suspension

If the driver holds a Commercial Driver’s License (CDL) or was operating a commercial motor vehicle, additional CDL disqualification periods apply (one year for a first refusal; permanent disqualification for a subsequent refusal in many cases).

The refusal may also be used as evidence in a criminal DUI prosecution to show consciousness of guilt. Drivers generally have 10 days from the date of the refusal to request a formal or informal review hearing with the Bureau of Administrative Reviews to challenge the suspension.

When Is Form BAR1002 Used?

Law enforcement completes Form BAR1002 only after:

1. The officer has probable cause to believe the driver was operating a vehicle under the influence
2. The driver is at a medical facility and a breath or urine test cannot reasonably be administered
3. The officer has read the required implied consent warnings, including the specific license suspension periods
4. The driver still refuses the blood test

The form serves as official documentation supporting the administrative suspension. Without a properly completed and sworn affidavit, the suspension may be subject to challenge at a formal review hearing.

How to Download and Access the Official Form?

The current version of the Affidavit of Refusal to Submit to Blood Test is published by the Florida Department of Highway Safety and Motor Vehicles. You can download the official PDF here:

Download Florida HSMV Form BAR1002 – Affidavit of Refusal to Submit to Blood Test (PDF)

Always obtain forms directly from the official FLHSMV website to ensure you have the most recent version. Related forms for breath and urine refusals (and updated versions effective October 1, 2025) are also listed on the FLHSMV Forms page.

Challenging a Blood Test Refusal Suspension

Drivers whose licenses are suspended for refusing a blood test have the right to request a review hearing. The request must typically be made within 10 days of the date of the refusal notice.

Possible grounds for challenging the suspension include:

• Lack of probable cause for the stop or arrest
• Failure to properly advise the driver of the consequences of refusal
• The blood test was not lawfully requested under § 316.1932(1)(c)
• Procedural errors in completing or submitting the affidavit

An experienced Florida DUI attorney can review the affidavit, the implied consent warnings given, and the circumstances of the request to determine whether the suspension can be successfully contested.

Key Takeaways for Florida Drivers

Florida HSMV Form BAR1002 is a critical document in DUI blood test refusal cases. It creates the official record that supports an automatic one-year or 18-month driver’s license suspension. Because blood tests are invasive and limited to specific medical-facility situations, the legal standards surrounding their request and refusal are stricter than those for breath tests.

If you have been asked to submit to a blood test or have already refused one, consult a qualified Florida DUI defense attorney promptly. Time limits for requesting a hearing are short, and early action can make a significant difference in protecting your driving privileges.