Florida HSMV Form BAR1001 Refusal Affidavit Guide

What Is Florida HSMV Form BAR1001?

Form HSMV-BAR1001 is an official affidavit completed by a certified law enforcement or correctional officer when a driver refuses to submit to a breath and/or urine test after a lawful DUI arrest. The form records that the officer read the implied consent warning, requested the test, informed the driver of the consequences of refusal, and that the driver still refused.

The current version of the form (revised September 2021) is available directly from the Florida Department of Highway Safety and Motor Vehicles. You can download the official Florida HSMV Form BAR1001 PDF here.

Key elements documented on the form include:

• Name of the officer who read the implied consent warning
• Date, time, and county of the incident
• Type of test requested (breath and/or urine)
• Statement that the driver was informed of the one-year (first refusal) or 18-month (subsequent refusal) license suspension
• Officer’s signature and notarization or attestation

The completed affidavit is 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 Refusal to Submit

Under Florida Statutes § 316.1932, any person who operates a motor vehicle in Florida is deemed to have given consent to chemical or physical testing of their breath or urine if lawfully arrested for DUI. This is known as the implied consent law.

When a driver refuses a requested breath or urine test after being properly warned, the officer completes Form BAR1001. Refusal triggers both administrative and (under current law) criminal consequences.

Important statutory references include:

• Florida Statute § 316.1932 – Implied Consent
• Florida Statute § 316.1939 – Refusal to Submit to Testing; Penalties

Consequences of Refusing a Breath or Urine Test in Florida

Refusing a lawful breath or urine test carries serious penalties that are separate from any DUI criminal charges.

Administrative License Suspension

• First refusal: 12-month (one-year) driver’s license suspension
• Second or subsequent refusal: 18-month driver’s license suspension

A hard suspension period typically applies at the beginning of the suspension (commonly 90 days for a first refusal), during which no hardship or business-purpose license is available unless a formal review hearing is timely requested.

Criminal Penalties (Effective October 1, 2025)

As of October 1, 2025, Florida law was amended so that a first refusal to submit to a lawful breath or urine test is a second-degree misdemeanor. A second or subsequent refusal remains a first-degree misdemeanor. Possible penalties include:

• First refusal: Up to 60 days in jail and a $500 fine
• Second or subsequent refusal: Up to one year in jail and a $1,000 fine

These criminal penalties are independent of the administrative suspension handled by FLHSMV.

Commercial Driver’s License (CDL) holders face additional consequences, including a one-year CDL disqualification for a first refusal or permanent disqualification for a subsequent refusal.

How Law Enforcement Uses Form BAR1001?

After a lawful DUI arrest, the officer requests a breath test (for suspected alcohol impairment) or urine test (for suspected drug impairment). If the driver refuses, the officer must:

1. Read the implied consent warning
2. Inform the driver of the specific suspension periods and criminal consequences
3. Document the refusal on Form BAR1001
4. Have the affidavit notarized or attested to under Florida Statute § 117.10
5. Submit the form to the designated Bureau of Administrative Reviews office along with the driver’s physical license, UTC, and probable cause affidavit

The form itself is completed by the officer—not the driver. It serves as official evidence that the refusal occurred after proper warnings were given.

Challenging a Refusal Suspension

Drivers have only 10 days from the date of arrest/refusal to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. Missing this deadline generally results in the suspension taking full effect.

At a formal review hearing, a hearing officer examines whether:

• The officer had probable cause for the DUI arrest
• The driver was lawfully arrested
• The implied consent warning was properly given
• The driver refused the requested test

If successful, the suspension may be invalidated. Drivers may also apply for a restricted (business purposes only) license after any applicable hard suspension period, subject to eligibility rules.

Where to Download the Official Form BAR1001?

The only official source for Form HSMV-BAR1001 is the Florida Department of Highway Safety and Motor Vehicles. Download the current PDF directly from the official FLHSMV website:

Download Florida HSMV Form BAR1001 – Affidavit of Refusal to Submit to Breath and/or Urine Test (PDF)

Always use the official government version. Third-party sites may host outdated or unofficial copies.

Related Forms and Additional Resources

Related FLHSMV documents and resources include:

• Application for Administrative Hearing (used to request a formal review)
• Probable cause affidavits and Uniform Traffic Citations associated with the stop
• Official FLHSMV driver license and suspension information pages

For the most current statutes and procedures, consult the official Florida Legislature website and the Florida Department of Highway Safety and Motor Vehicles website.

Frequently Asked Questions About Form BAR1001

Is Form BAR1001 filled out by the driver?
No. It is completed and sworn to by the law enforcement or correctional officer who requested the test and witnessed the refusal.

Does refusing the test prevent a DUI conviction?
No. Prosecutors can still pursue DUI charges using officer observations, field sobriety exercises, video evidence, and other circumstantial evidence. The refusal itself may also be used as evidence of consciousness of guilt.

What if the officer did not properly read the implied consent warning?
Improper or incomplete warnings can be challenged at a formal review hearing or in criminal court and may affect the validity of the suspension or the admissibility of the refusal.

Are there different rules for blood tests?
Yes. Refusal of a blood test generally carries only administrative consequences and is not treated the same as breath or urine refusal under current criminal statutes, consistent with U.S. Supreme Court precedent.

Conclusion

Florida HSMV Form BAR1001 is the official affidavit used to document a driver’s refusal to submit to a breath and/or urine test after a DUI arrest. Combined with Florida’s implied consent law and the 2025 amendments that criminalize first-time refusals, the form plays a central role in both administrative license suspensions and potential criminal charges.