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Forced Blood Tests in DUI Cases

On Behalf of | Mar 10, 2017 | Uncategorized

When Missouri v. McNeely was decided in 2012, the Supreme Court of the United States affirmed the judgment of the Missouri Supreme Court holding, that in a DUI investigation, “the natural dissipation of alcohol in the bloodstream does not constitute
an exigency in every case sufficient to justify conducting a blood test without a warrant.”

What that means for the average person is that a police officer cannot hold you down while he sticks a needle into your arm to take your blood by force, at least not without a warrant. If the Court ruled differently officers might could have begun routinely taking blood by force if the person refused to submit to a breath test.

The attorney who represented McNeely, Steven Shapiro, offered his opinion:

“We know from experience that drunk-driving laws can be strictly enforced without abandoning constitutional rights. Today’s decision appropriately recognizes what half the states have already demonstrated – that maintaining highway safety does not require sacrificing personal privacy.”

In Florida, however, police officers cannot get a warrant to take blood after a person suspected of a misdemeanor DUI refuses to submit to breath or urine testing.

What does result is the following:

  • A “refusal” can be used against the person at trial as consciousness of guilt
  • A second refusal can is an additional criminal offense (up to 12 months in jail)
  • A one year administrative suspension of driving privileges, even if they
    are found not guilty at trial. Eighteen months for a second refusal.

Arrested? Don’t Wait. Call My Firm Today!

If your blood was drawn without your consent after a DUI arrest, then please contact my office to discuss your case. Regardless of how serious your charges are, you still have rights – should you retain my legal services, you can trust that I will work tirelessly to ensure those rights will be protected. When your liberties are hanging in the balance, you can be confident that I will go above and beyond in building the best possible case on your behalf.

My firm is ready to hear from you today. Call Jonathan Blecher, P.A. today at 786-785-2035 to request your free consultation.