Tampa DUI Attorney Discusses the Forced Blood Draw

Florida Law on Blood Taken By Force in a DUI Investigation

Florida Statute Section 327.353 allows for a blood test to determine intoxication or impairment in certain DUI cases involving serious bodily injury or death, including the right of law enforcement to use reasonable force to take the blood if the driver refuses to consent to the blood draw. At the Sammis Law Firm we help men and women charged with DUI cases, including those involving a forced Blood Test in a DUI case. Call us to discuss your case and possible defenses today. Any blood test taken without the driver's consent can be challenged in court.

Although Florida Statute Section 327.353 provides for blood draws taken by force when probable cause exist that the driver caused a car crash involving serious bodily injury or death, law enforcement officers have also threatened forced blood draws in routine DUI cases that do not involve an accident, including roadblock or checkpoint cases. Read more about efforts by law enforcement officers in Florida to take forced blood draws in DUI checkpoint cases after a refusal to consent to a breath test.

Florida Statute Section 327.353 provides law enforcement officers with the right to use "reasonable force" to take blood by force as part of a DUI investigation for impairment or intoxication in cases involving serious bodily injury or death.

As provided in subsection 1(a) of Florida Statute Section 327.353, if an officer has probable cause to believe that a driver was under the influence of alcohol or a controlled substance while causing a car crash that resulted in death or serious bodily injury then the law enforcement officer "shall require" the driver to submit to a blood test by using "reasonable force if necessary...." The blood test must also be performed in a "reasonable manner," although the blood testing need not be incident to a lawful arrest.

As provided in subsection 2(a) of Florida Statute Section 327.353, only a registered nurse, certified paramedic, physician, or other medical personnel authorized by a hospital to draw blood (or a duly licensed clinical laboratory director or technician) acting at the request of a law enforcement officer may draw blood under the statute. However, if the law enforcement officer fails to obtain the blood sample as provided by this statute, then the prosecutor may still attempt to admit blood taken by the hospital for medical purposes (also called "hospital blood").

Call a Tampa DUI Attorney at the Sammis Law Firm to discuss your DUI case if it involves a blood test taken in the Tampa Bay area, including Hillsborough County, FL.

Links on Forced Blood Draws in DUI Cases

Florida DUI officers plan forced blood draws for those arrested at DUI checkpoints

Blood Draws in the Back Seat by the Dashboard Light

Forced Blood Draws by Cops Spreading