Warrantless Blood Draws in Florida DUI Cases
In 2013, the Supreme Court decided a case known as Missouri v. McNeely. This case pitted Fourth Amendment protections against the needs of police officers when conducting DUI arrests. Could police officers demand the blood of an arrestee who was apparently under the influence for a DUI crime? Initially, the Missouri police were conducting blood draws on suspected drunk drivers without a warrant, justifying it on the grounds that the natural metabolization of alcohol in the bloodstream constituted an “exigent circumstance.” In other words, because there is a window of time in which the body metabolizes alcohol, it was an urgent matter for police to conduct a warrantless blood draw to prevent the “destruction of evidence.” In this article, the Tallahassee DUI attorneys at Luke Newman, P.A. will discuss the case and its significance in Florida DUI arrests.
Understanding the ruling
Essentially, the ruling forced law enforcement officers to obtain a warrant before conducting a blood draw. Law enforcement unsuccessfully argued that the dissipation of alcohol in the bloodstream itself created an “exigent circumstance” that allowed law enforcement to conduct warrantless blood draws. The Supreme Court disagreed. Today, law enforcement is limited in when they can execute a warrantless blood draw for the purposes of a DUI prosecution.
When can Florida police officers conduct a warrantless blood draw in a DUI prosecution?
Under the limits of the Constitution, Florida police officers are only allowed to conduct warrantless blood draws in a DUI case under limited circumstances due to the limitations placed on law enforcement by the Fourth Amendment. These situations include:
- Voluntary consent of the arrestee – If the arrestee consents to a warrantless blood draw, police officers can use that information against them in a court of law. Consent must not be coerced or obtained through intimidation.
- The suspect is unconscious – According to Florida Statutes § 316.1933, law enforcement is allowed to conduct a warrantless blood draw if the suspect is unconscious and cannot refuse. These are usually performed at a hospital.
- Serious bodily injury or death – If a DUI suspect causes an accident that kills another driver, their own passenger, or a pedestrian, or alternatively, causes serious bodily injury, law enforcement can force the suspect to hand over their blood to aid in the case (Florida Statutes § 316.1933(1)(a).
Can I refuse to consent to a blood draw in Florida?
Not if you seriously injure or kill another person. If a DUI suspect is involved in an accident that causes serious bodily injury or death, the State of Florida requires mandatory blood testing under Florida Statutes § 316.1933. The law allows officers to use “reasonable force” to administer the blood test if the suspect doesn’t consent.
Talk to a Tallahassee DUI Lawyer Today
Luke Newman, P.A., represents the interests of individuals charged with DUI in Tallahassee. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
