Have you been arrested and asked to give blood for a DUI?
Maybe you did, or maybe you refused, but chances are you are wondering if it is legal and/or necessary to give blood for a DUI. The truth is that if you have a license, you are expected to comply with such a request, or suffer the consequences. Only an experienced Florida criminal defense attorney can evaluate the specific facts and circumstances surrounding your blood draw; however, a general understanding of the law is always helpful.
Remember, all Criminal Charges are serious and you need a skilled DUI attorney on your side. Call us for a free, private consultation at (727) 531-2926 anytime, 24-7!
Driving under the influence (DUI) can be defined as operating a motor vehicle while impaired with a blood alcohol content (BAC) of .08% or higher. Impairments might also be the result of a chemical substance or a controlled substance under the same charge. This charge may also be referred to as drunk driving or driving while intoxicated (DWI).
Florida law 316.1932 – Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal is where the Florida laws relating to blood draws during a DUI are found. In short, the Florida implied consent law states that if you have accepted a driver’s license and the laws that come with it, then you have already consented to any breath, urine, or blood test, in the event of an accident, or when probable cause for your arrest exists. Of course, you can still refuse to give blood for a DUI, but not without consequences. These include license suspension of one year for the first refusal, fines between $500 and $5000 depending on the number of offenses, and evidence to be used against you in court, as refusal implies guilt. While the consequences for refusing to give blood for a DUI are less than that of the actual DUI conviction, a second refusal comes with an 18-month license suspension, fines, and jail time, and it is now a misdemeanor.
If your DUI charge included an accident, the blood draw was likely forced upon you. This removes the option of choice in refusing the blood draw. If someone is seriously injured, unconscious, or has died, a forced blood draw is allowed to determine intoxication and its probability in the cause of the accident. Warrants done on short notice can be issued to accomplish a forced blood draw as well if the facts support such legal action. “Force” means that they can literally hold you down and draw blood, but again, the circumstances must warrant it.
In any case, consult with an experienced Florida criminal defense attorney. If you are in the need of assistance or for more information, please contact Powers Sellers & Finkelstein, PLC. at (727) 531-2926 for a free consultation and case evaluation.