The law in Florida states that police officers “shall” require that drivers submit to blood tests, by reasonable force if necessary, if they have probable cause that a driver suspected of driving under the influence caused the death or serious bodily injury to another person. This is outlined under Florida Statute 316.1933(1)(a).
However, following a supreme court decision in 2013 (Missouri v. McNeely), a police officer cannot draw blood without consent. The outcome of the trial required police officers to receive search warrants before taking a blood sample. Drawing blood without consent and a warrant can only take place when “exigent circumstances” exist.
If your DUI blood test was completed without your consent in Florida, you should contact our law firm. At The Law Place, we are not afraid to challenge the actions of law enforcement officers. If they have completed unreasonable searches or completed a blood draw without a warrant, your DUI charges could be dropped. To schedule your free consultation with one of our attorneys, call us now at (941)-444-4444.
How Has Missouri v. McNeely Impacted Forced Blood Tests in Florida?
The supreme court decision made in Missouri v. McNeely (2013) ruled that a blood test cannot be forced unless there are exigent circumstances. This decision sparked a re-examination of implied consent laws across the whole country. It has been reconsidered whether the refusal of chemical testing should still be classified as a crime.
Furthermore, the outcome of this case also gave hospitals the greater authority to put procedures in place to limit when their staff is forced to participate in illegal blood tests. However, many law enforcement officers have been slow to adopt these new procedures and continue to authorize forced blood samples.
Can a Forced Blood Draw Take Place at a DUI Checkpoint?
You cannot be forced to participate in a blood test at a DUI checkpoint (sobriety checkpoint) in Florida. Although the law in Florida states that blood tests can only be taken without a warrant if police officers have probable cause that a driver was driving impaired and caused a deadly crash, many officers have been acting beyond their powers.
Some police officers have been reported to have forced blood drawn in routine DUI cases that do not involve an accident, such as in checkpoint cases.
If you or someone you know has been forced to have a blood test at a DUI checkpoint, you must contact a reputable law firm immediately. Police officers need a warrant and cannot take your blood test without consent. An attorney at our firm will challenge law enforcement and help you achieve some justice.
We’re here to serve you. Our phones are open 24 hours a day. Why Can a Blood Test Be Requested by Law Enforcement?
The law in Florida states that a blood test can only be requested by a police officer for the following reasons:
- It is impossible to conduct a breath test or a urine test.
- They have probable cause that the suspected DUI driver caused serious bodily injury or death.
- The suspected driver has given their voluntary consent for the competition of a blood test.
We’re Florida’s top litigation team with over 75 years of combined experience Why Can I Be Arrested for DUI in Florida?
You can be arrested in Florida if chemical tests reveal that you have a blood alcohol content (BAC) of .08% or higher. In addition, you can be arrested if a police officer suspects you were driving while intoxicated because your normal faculties were impaired.
At The Law Place, we understand that BAC testing is problematic. Although you may have participated in a legal BAC test, breathalyzer tests are notorious for producing incorrect results. If you think you have unfairly been arrested for DUI in Florida, you should contact our legal team. We will examine your case and the actions of the law enforcement officers involved to check whether they acted lawfully and administrated the BAC testing correctly. If we find that law enforcement officers acted unlawfully, your criminal charges may get dismissed.
From the initial call to updates on your case status, we are here to get you answers. What Is the Implied Consent Law in Florida?
The implied consent law is outlined under Florida Statute 316.1932. The law states that during a DUI arrest, a driver must complete a breath test if police suspect they have been driving under the influence. This is because any person who accepts the privilege of driving within Florida must abide by certain chemical testing laws.
Although drivers are required to complete breath tests, they cannot be required to complete a blood test if the police officer hasn’t received a warrant.
Can I Refuse a Breathalyzer Test?
Although drivers legally should comply and give their consent for breath tests to be completed, they can refuse. However, refusal to comply with these tests can result in serious consequences.
If you refuse a breathalyzer test during a legitimate DUI arrest in Florida, you can expect to have your driver’s license suspended for one year for your first offense.
For your second or subsequent refusal, you will suffer a driver’s license suspension for 18 months. You will also be charged with a first-degree misdemeanor. This means that you may also face a fine of up to $1,000, probation, and up to one year in jail. Furthermore, this refusal can be used as evidence in your DUI case.
Can I Be Charged With a Felony for DUI?
Most DUI cases in Florida are classified as misdemeanor charges. However, an individual can receive a felony DUI conviction for the following reasons:
- They have committed their third offense within a decade of being convicted of DUI for the first time.
- They have received their fourth or subsequent DUI conviction in their lifetime.
- Their actions caused another person to be seriously injured.
- Their actions caused a fatality.
What Defenses Can Attorneys Use Against the Implied Consent Law?
If you have received charges for refusing to comply with chemical testing in Florida, it is possible to contest your charges. There are some defenses that our team can use against the implied consent law, and these include:
- No probable cause.
- Unlawful stop by police officers.
- No proper refusal.
- Absence of implied consent warning.
- Invalid consent.
- Threats or improper statements made by police officers.
- No evidence that the driver caused an accident.
- The suspect was not in physical control of the vehicle.
How The Law Place Can Assist in DUI Cases
If you find yourself involved in a DUI case where blood has been drawn without your consent, The Law Place can provide the support and guidance you need. Our team of experienced attorneys understands the complexities surrounding DUI charges, including the nuances of blood alcohol tests and the legalities of nonconsensual blood draws. We are well-versed in challenging the procedures and results of blood alcohol concentration tests, ensuring that your rights are protected throughout the legal process.
Our approach involves a thorough review of the circumstances surrounding your case, from the initial traffic stop to the administration of the blood test. We scrutinize the actions of the law enforcement officer to ensure that they complied with legal standards, including the proper acquisition of a search warrant if required. If any procedural errors or violations of your rights are identified, we will vigorously challenge the admissibility of the blood test results and any other evidence obtained as a result.
The Law Place is committed to providing a robust defense for individuals accused of drunk driving. We understand the significant impact a DUI charge can have on your life, from lost wages due to license suspension to the potential for serious legal penalties. Our team works tirelessly to negotiate the best possible outcome for your case, whether that means arguing for reduced charges, advocating for alternative penalties, or fighting for an acquittal at trial.
In addition to legal representation, The Law Place offers guidance on navigating the aftermath of a DUI charge, including dealing with motor vehicle accident repercussions and understanding the implications for your driver’s license and insurance. We stand by our clients every step of the way, offering clear communication and supportive advice.
If you or a loved one is facing a DUI charge, don’t navigate this challenging time alone. Contact The Law Place today for a consultation. Our attorneys are ready to use their knowledge and experience to help you achieve a fair resolution to your case, ensuring that your rights and interests are at the forefront of all legal proceedings.
Do the Police Need Your Consent to Draw Blood in a DUI Case? FAQ
Do the police need your consent to administer a blood or breath test in a DUI case?
In most DUI cases, law enforcement officers may request that you submit to a blood or breath test to determine your blood alcohol concentration. While you have the right to refuse these tests, doing so can have legal consequences, such as automatic license suspension. In certain circumstances, such as a serious motor vehicle accident involving injury or death, police may not need your explicit consent to conduct blood alcohol tests.
What happens if a driver refuses a blood alcohol test?
If a driver refuses to submit to blood alcohol tests, including blood, breath, or urine tests, this can lead to immediate penalties, such as license suspension, under implied consent laws. Additionally, the refusal can be used as evidence in a drunk driving case against the driver, potentially leading to further legal consequences.
Can law enforcement conduct nonconsensual blood draws?
Nonconsensual blood draws are generally not permitted unless the law enforcement officer has obtained a valid search warrant. However, in cases where obtaining a warrant is impractical, such as when evidence is quickly dissipating, courts have sometimes upheld the legality of warrantless blood draws, especially in severe cases like motor vehicle accidents causing serious injury or death.
How is blood alcohol level determined through these tests?
Blood alcohol level is determined through chemical test methods, such as blood testing, breathalyzers, or urine tests. These tests measure the blood alcohol concentration in your system, which can then be used as evidence to establish whether you were driving under the influence of alcohol.
What are the legal requirements for a search warrant for blood testing in DUI cases?
For a law enforcement officer to obtain a search warrant for blood testing, they must demonstrate probable cause that the individual was driving under the influence of alcohol or drugs. The warrant must be issued by a judge or magistrate and specifically authorize the blood draw. The process must adhere to legal standards to ensure that the blood test results are admissible in court.
How reliable are blood test results in DUI cases?
Blood test results are generally considered reliable evidence of a person’s blood alcohol concentration at the time of the test. However, the accuracy can be challenged based on factors such as the method of collection, storage, and analysis of the blood sample. An experienced DUI attorney can assess the reliability of the blood test results in the context of your case.
What should I do if I’m involved in a motor vehicle accident and suspected of drunk driving?
If you’re involved in a motor vehicle accident and suspected of drunk driving, it’s crucial to remain calm and cooperative with law enforcement. However, you should also be aware of your rights, including the right to remain silent and the right to legal representation. Contacting an attorney as soon as possible can help protect your rights and provide guidance on how to proceed, especially if you’re facing blood alcohol tests or other DUI-related charges.
Should I Contact the Law Place About a Warrantless Blood Draw?
If a police officer has taken your blood without your consent or without a warrant in Florida, you must contact our law firm. The illegal actions of the police officer in your case can result in your criminal charges being reduced or dismissed. Your constitutional rights have been violated, and you deserve justice.
Our team of criminal defense attorneys has over 75 years of combined experience. We have helped countless clients achieve favorable outcomes from their legal cases, and we can help you too. By hiring an attorney from The Law Place you can feel rest assured knowing that you are giving yourself the best chance of achieving the outcome you deserve. An attorney-client relationship at our law firm is built on great commitment and loyalty.
To schedule your free consultation with one of our attorneys, call our law office today. We can take your call 24 hours a day, seven days a week. Phone us now at (941)-444-4444.
