Daily Archives: May 19, 2016

Forced Blood Test after Missouri v. McNeely, 133 S. Ct. 1552 (2013) in Florida

May 19, 2016 – 21:18

Prior to Missouri v. McNeely, 133 S. Ct. 1552 (2013), law enforcement officers in Florida would ask for a voluntary blood draw of a driver suspected of DUI if the case involved a crash with serious bodily injury or death.   If the suspect refused, the officers would use Florida Statute 316.1933 as a basis […]

By lsammis | Posted in Tampa DUI Attorney | Comments (1)

Can an Officer Ask for Breath or Urine Test Prior to the Arrest?

May 19, 2016 – 20:48

What happens if the officer asks for a breath or urine test prior to the arrest? If the suspect is 21 years of age or older, then requesting a breath or urine test before the arrest is a clear violation of Florida’s implied consent law. The request itself, the refusal to submit, or the test […]

By lsammis | Posted in Tampa DUI Attorney | Comments (0)