In Florida, there are only two times that a law enforcement officer can request a blood sample from a driver accused of DUI. The first is in the case of DUI with serious bodily injury or death. Not any injury qualifies, but serious injury including bone breaks and other serious medical problems qualify.
The second and only other way a law enforcement officer is authorized to request blood is if a person is at a hospital as a result of a DUI accident and the administration of a breath test or urine test is impossible or impractical.
Even though these are the only two times law enforcement can legally request blood, we are seeing officers asking for blood more and more often in cases where they are not allowed to. We have recently seen people asked for blood because the breath test instrument was not operating, or because a certified operator was not available. We have also seen blood requested because the police department was out of urine sample cups. In all these cases the blood was held to be inadmissible.
In a less common situation, a driver who was stopped for suspicion of DUI, was arrested and brought back to the jail. At the jail, the person fell and hospitalization was required. The arresting officer requested a blood test at the hospital and the state argued that since the driver was at the hospital and a blood or urine test was impossible or impractical, blood was authorized. We argued that since the injury and hospitalization was not sustained as a result of a DUI accident, the statute authorizing a blood draw did not apply. The Judge agreed with us and the results were excluded from evidence.
If you are arrested for DUI and a blood draw is taken, do not give up hope. A DUI attorney who is familiar with the proper procedures required for blood draws can help keep the results of an illegal search out of evidence. The DUI attorneys at Katz & Phillips, P.A. have the experience you need on your side to help you deal with your DUI blood test results. Contact an Orlando DUI lawyer from our firm today to learn more about how we can help to protect your rights – even in cases involving blood test.
