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  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 loss of your license; you do not have to submit to a blood test. This is primarily due to a Supreme Court ruling where in the court determined that forcing a blood test on a driver would impose on their fourth amendment rights 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 but not limited to:

  • Serious injury or fatality – in the event you are involved in an accident that results in serious injury or a fatality, the police do 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.

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 Jacksonville DUI attorney. When you are stopped for a DUI in Florida, your license will be suspended 10 days after your arrest if you refuse the breathalyzer or blow over the legal limit. However, working with your  Jacksonville DUI attorney, you may request a hearing at the DMV to challenge the suspension. You do not have to submit to field sobriety tests or to breathalyzer tests and you should never submit to a blood test.

If you are stopped for a DUI, most of the evidence the police gather is from you. The police will have your driving pattern but most of the additional evidence is given by you. Whatever you tell the police regarding how many drinks you’ve had, how you perform on the field tests and the breath sample is all given by you! It’s up to you to decide how much evidence you want them to have and then use against you!  Call your Jacksonville DUI attorney to assist you with your case!

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