Florida Statute § 316.1932-1933 regulates when the police can require you to give a blood sample, especially if someone has been seriously injured or killed in an accident and the police think you were driving under the influence. After the accident, the police may ask for your consent to draw your blood. In this case, you should say no, as this can be used against you as evidence at trial.
In a recent case of Florida v. Harris, 49 Fla. L. Weekly D2073a (Fla. 2d DCA October 16, 2024), Aveon Tre Harris was arrested after a deadly crash. The police suspected he was drunk or on drugs, so they requested a blood sample and Mr. Harris refused. But instead of getting a warrant for the blood draw, law enforcement had medical staff draw his blood anyway. Later, they did get a warrant and took a second blood sample. Harris argued that taking his blood without his permission was an illegal search that violated his Fourth Amendment rights. The court agreed and held that the blood draw was unlawful. Even though the police argued that they needed the blood right away because alcohol in the blood starts to disappear over time, the court said this rationale did not justify taking blood without permission. Because the second draw occurred hours later, the court ruled it was inadmissible because it was not probative of intoxication at the time of the accident.
If you have been arrested for DUI and the police took your blood without a warrant and without your consent, it could be a violation of your rights. We specialize in defending individuals against DUI charges, including challenging the legality of blood draws and other evidence obtained by law enforcement. Our lawyers are here to provide skilled and zealous defense to you. Contact us to discuss your case and learn more about your options.