The Law Office of James Davis, P.A.

Can police force you to give blood in a routine DUI case?

If you are stopped for a suspected DUI in Florida, the police may try to tell you that you must submit to a blood test or risk losing your driver's license. While Florida's implied consent laws mean that if you refuse a field sobriety test or a breathalyzer test, you risk the loss of your license, you do not have to submit to a blood test.

This is primarily due to a Supreme Court ruling where the court determined that forcing a blood test on a driver would impose on their fourth amendment right against unreasonable search and seizure. This ruling means there are extremely limited circumstances where law enforcement can force a blood test on you which include:
Serious injury or fatality – in the event you are involved in an accident that results in serious injury or a fatality, the police have the right to force you to give blood if you are suspected of being under the influence.
Subpoena your medical records – if you are hospitalized after an accident, the police may request your medical records through the subpoena process.
When other tests are not viable – if you are injured and taken to an emergency room, the police may claim it is unfeasible to obtain a field sobriety test or a breathalyzer. However, if a police officer asks for a blood test, you have the right to refuse such a test and demand they obtain a warrant to draw your blood.

Hoping you do not understand the rules
It is important to keep in mind if you are stopped for a DUI that police are hoping you do not understand Florida laws. Before you answer any questions, you have the right to ask for an experienced DUI attorney. If you are arrested for a DUI in Florida, you have 10 days from the date of your arrest to apply for a hearing to challenge the suspension of your driver’s license.

If you are stopped for a DUI, provide the arresting officer your name and the name of Attorney James Davis. Avoid answering any questions beyond providing your name and if asked, your address.  Then call Attorney James Davis at (904) 358-0420 immediately. Keep in mind, you need an experienced DUI attorney to help defend you against these charges and we are here to help.