Daily Archives: May 24, 2016

Is Florida Statute Section 316.1933 Unconstitutional?

May 24, 2016 – 19:06

Florida Statute Section 316.1933 is silent as to whether a warrant is required for a forced blood draw. The statute does however, say that the blood test must be “reasonable.” This reasonableness requirement expressed in Florida Statute Section 316.1933 could be read as a recognition that the forced taking of blood on a pre-arrest basis […]

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

Exigent Circumstances for a Forced Blood Draw in Florida DUI Cases

May 24, 2016 – 18:49

The ruling in Missouri v. McNeely, 133 S. Ct. 1552 (2013), requires that law enforcement officers, without express and voluntary consent, obtain a search warrant prior to taking blood during a DUI-related investigation. In Florida, law enforcement officers are also bound by the 5th D.C.A.’s decision in State v. Geiss, 70 So. 3d 642, 646 […]

By lsammis | Posted in Blood Test DUI, Tampa DUI Attorney | Tagged | Comments (0)

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

May 24, 2016 – 18:26

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 […]

By lsammis | Posted in Tampa DUI Attorney | Tagged , | Comments (2)