Tag Archives: dui blood test

Is a Warrant Required for a Forced Blood Test in a DUI Fatality or Serious Bodily Injury Case in Florida?

For DUI cases involving death or serious bodily injury with a forced blood draw, a warrant is required. Without a warrant, the criminal defense attorney can file a motion to suppress the blood and blood test results. The only exception to the warrant requirement that might apply involves a showing of exigent circumstances. For cases […]

The DUI Officer Can’t Hold You Down While They Jab a Needle Into Your Arm (at least not without a warrant)

Missouri v. McNeely has been decided. We can all breath a sigh of relief that the United States Supreme Court has affirmed the judgment of the Missouri Supreme Court. The case holds that in a DUI investigation, “the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to […]

Right to an Independent Chemical Test After a DUI Arrest in Florida

Imagine that you have a glass of wine with dinner. On the drive home you are pulled over for speeding. The officer asks you if you have been drinking and doesn’t believe you when you say, “I only had one glass of wine.” You agree to submit to field sobriety exercises. You perform the exercises […]