Blood Draw, implied consent, search and seizure

DUI Tampa Florida | Blood Tests

Florida DUI Blood Tests
Tampa, Florida Driving Under the Influence Defense Attorney, Lawyer W.F. “Casey” Ebsary, Jr. has been researching use of Blood Tests by law enforcement in Driving Under Influence with injury to person or property cases. Technically, taking blood from a driver is a Search and Seizure. Taking a blood sample from a motorist is known as a “Blood draw.”
I found a recently reported case where the Law Enforcement Officer did not have authority to request blood draw under implied consent law, since there was no death or serious bodily injury. There had been an accident. The driver and soon to be defendant hit a parked car. The court noted there was no evidence that urine test was impractical or impossible. Beyond that, the court found that the driver / defendant did not appear for treatment at medical facility. The cop asked for consent to draw the driver’s blood. The court ruled that under these circumstances, the alleged consent was not voluntary. The cop failed to inform driver that implied consent law required only a breath or urine test. The officer did not inform the DUI defendant that the blood test was only offered as an alternative. Where consent to draw blood draw is not free and voluntary, a Motion to Suppress the illegally obtained blood sample was granted and the court found no error in granting the defendant’s motion to suppress the test results.
Source: Fla Law Weekly Supp at 1709mcco
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