Jacksonville Criminal Defense Lawyer Blog
Jacksonville DUI blood draws are only permitted under certain circumstances. In a Jacksonville Driving Under the Influence (DUI) case, a police officer cannot force a driver to give a blood sample unless the Jacksonville DUI resulted in a car accident involving death or serious bodily injury (see Florida Statute Section 316.1933). Some Jacksonville DUI officers have disregarded this Florida law, and forced blood test on drivers charged with DUI. After the driver refuses the breath test, the Jacksonville DUI officer obtains a search warrant allowing him to force the blood draw. Florida Statute Section 316.1933 clearly states that a blood draw is limited to a Jacksonville DUI that involved serious bodily injury. This type of warrant gives another exception that the legislature did not create. If this occurs, a Jacksonville DUI Attorney should file a Motion to Suppress the results of the blood test.