One thing that is not as well known, however, is that there are actually some very strict rules about when police officers are allowed to use a blood draw to test your BAC:
Know Your Rights
As current Florida law states, officers must have reasonable cause to believe you are operating the vehicle with alcohol impaired judgment and abilities AND there must also be a serious bodily injury or death resulting from your having operated or attempted to operate the motor vehicle.
Florida Statue Section 316.1933
To be specific, here is a passage of the relevant state statute:
"... if a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances has caused the death or serious bodily injury of a human being, such person shall submit, upon request of a law enforcement officer, to a test of the person's blood..."
It’s important to note the burden is upon the state to prove there was probable cause of injury or death or a blood draw may be found to have been illegal, and therefore inadmissible.
Hire an Attorney Immediately
If you or a family member are current facing DUI charges, you need an experienced Florida DUI attorney in your corner. If you believe your rights have been violated by the police in their investigation of a DUI charge, I will do everything within my power to fight for your rights. Remember, if an illegal blood draw is used to determine your blood alcohol level, those findings can be found inadmissible in court. Don’t hesitate but call me today!
Still have questions?
Please call us for a free appointment with Miami business attorney Yoel Molina in our Miami office at 305-548-5020.