Warrants and Rights Concerning DUI Blood Tests
The U.S. Supreme Court recently announced that it would decide if a search warrant is needed for police to force a driving under the influence (DUI) suspect to have his or her blood drawn. The case will review a Missouri decision that stems from a 2010 incident where a DUI suspect refused to submit to a breath test and was then taken to a nearby medical laboratory, where he had his blood drawn, despite objections.
The Missouri Supreme Court had ruled that officers must typically seek a warrant to draw a DUI suspect’s blood; however, the State of Missouri has contended the decision, appealing to the U.S. Supreme Court. Missouri has claimed that the U.S. Constitution does not require police to receive judicial approval for a blood test as alcohol quickly dissipates in the bloodstream and waiting for a warrant would destroy important evidence. Currently, 27 states have laws barring nonconsensual blood tests, meaning that a warrant is needed in the event of a refusal. Both states that do and do not have such laws could be affected by the Supreme Court ruling, depending on which side the court takes.
Strict Laws, Strict Penalties for Florida DUIs
Under Florida law, police officers will require a warrant should a suspect refuse a blood test when being investigated for a DUI. However, Florida authorities have combated such rulings in recent years by holding “no refusal” DUI checkpoints, where a judge is on hand to promptly issue warrants in the event of a refusal. Those who are convicted of driving with a blood alcohol content of 0.08% or greater can face serious penalties that steeply increase with multiple convictions. Convicted defendants may be fined thousands of dollars, spend months in jail, and lose their drivers’ license for years. Without proper defense against charges, defendants may be subjected to the full extent of the law, incurring the heaviest fines possible.
Legal Experience for Successful Defense
At Musca Law, the Jacksonville DUI defense attorneys utilize effective defense strategies to build strong cases for each client. By both keeping clients informed of the ongoing changes in their case and building a defense that weakens prosecutors’