Florida Police Usually Need a Search Warrant to Draw Your Blood for a DUI, But There Are Exceptions to the Rule
When a driver has a serious accident, the officer sometimes can’t perform a field sobriety test or breathalyzer test. Even if the suspect allows them to test him, it is difficult for the police officer to perform the tests. The person is often in no condition to undergo a test, maybe because of injuries or because they’re carted off to the hospital. They just can’t do the test like they normally would. If the police have some probable cause that the suspect was drinking or using drugs, there are other ways for law enforcement to continue their DUI investigation.
In some cases the policeman can follow the ambulance to the hospital where the patient is and request a blood draw. After the blood is drawn, they can send it to a crime lab where it will get analyzed for drug and alcohol presence in the blood.
If you’re unsure about what to do in a DUI situation where you’ve been involved in a crash, your best move is probably to call a Miami DUI defense firm. A good Miami DUI lawyer is going to know how to best approach the case so you get the minimal penalty for the DUI arrest. A DUI attorney in Miami is experienced in handling these cases and can help you navigate the case and make it through.
Due to a U.S. Supreme Court ruling that came down in 2013, the police are not allowed to take a DUI suspect’s blood without a search warrant unless there are exigent circumstances. At the federal level, the police can say they didn’t need consent if there were exigent circumstances. However, Florida offers a greater level of protection than the federal law provides for.
Although the court cases Schmerber and McNeely may allow for the involuntary and warrantless extraction of blood under federal constitutional law in some circumstances, the state of Florida has extended greater protections to their citizens and has imposed higher standards for law enforcement who wish to extract blood from DUI suspects. State v. Slaney, 653 So. 2d 422 (Fla. 3d DCA 1995) [20 Fla. L. Weekly D717b].
If you’re in doubt about what to do about your DUI case, call a Miami DUI lawyer at your earliest possible convenience. It may mean the difference between a small penalty or a lengthy prison sentence.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions, (305) 615-1285.
View more contact information here: Miami DUI Lawyer.