Sample Template for Blood Draw Seizure Warrant in Florida

Law enforcement agencies have created sample templates that can be used when they seek to seize blood from a suspect in a felony DUI case.

Criminal defense attorneys in cases involving such a seizure warrant can learn a lot from comparing the warrant and affidavit in support of that warrant with the template to understand what the officer added and left out of the template.

IN THE CIRCUIT COURT OF THE ____ JUDICIAL CIRCUIT

IN AND FOR COUNTY COUNTY, FLORIDA

STATE OF FLORIDA,                                              CR# 00-00-0000000

Plaintiff,

vs.                                                                                

Defendant’s name here,

Defendant.

­­­­­­­­­­­­­­­­­­­­­­­­_______________/

APPLICATION AND AFFIDAVIT FOR SEARCH WARRANT TO SEIZE BLOOD

            Before me, the undersigned Circuit Judge, State of Florida, came this sworn application by Officer here, of the AGENCY, Florida, who was first duly sworn deposes and says that he/she believes and has good reason to believe that Florida Statute § 316.193(3)(c)2, DUI with serious bodily injury to another, a felony law of the State of Florida has being violated, and that evidence relevant to proving the felony is located within the following described person in County County, Florida, to-wit:

Blood from the person of Defendant’s name here, White/Black, Male/Female, DOB: mm/dd/year. The basis of your affiant’s belief is as follows: 

[COPY OF OFFICER’S TRAINING AND EXPERIENCE IF AVAILABLE] Your Affiant, Officer here, of the AGENCY, Florida, is a sworn law enforcement office in the State of Florida, and has received training and experience in the investigation of criminal acts, including the detection and investigation of a felony violation of F.S. § 316.193(3)(c)2, to-wit: DUI with serious bodily injury to another person.  YA believes that there is sufficient evidence for a blood draw pursuant to F.S. § 316.1933 (authorizing reasonable force to draw blood in crashes involving DUI with serious bodily injury).

NOTE: YA would consider all deaths directly caused by a traffic crash to also be a serious bodily injury.

Your Affiant learned from personal investigation, and/or fellow officers, that the following occurred within the past three hours:

1. The Defendant was driving a motor vehicle.
2. The Defendant’s operation of the motor vehicle caused or contributed to causing a traffic crash.
3. The traffic crash occurred in County County, Florida.
4. The traffic crash caused serious bodily injury to another human being.
5. When the Defendant was contacted after the crash, the Defendant appeared to have their normal faculties impaired by alcohol or some other substance. See F.S. § 316.193(1).
6. The Defendant is currently with a Law Enforcement Officer in County

[place additional facts here, if available: location / time of crash, how crash occurred, victim’s name & injuries, what are the indicators of impairment; similar to mittimus]

WHEREFORE, it is prayed that a search warrant issue, commanding YA, the Sheriff of County County, Florida and their duly constituted deputy sheriffs, and/or an Officer of the Florida Highway Patrol, and/or an Officer with the Gainesville Police Department, and/or an Officer with AGENCY, with necessary and proper assistance, to search the above described person and withdraw a sample of blood in the daytime or the nighttime or Sunday, as the exigencies of the occasion may demand in order that such evidence may be procured to be used in the prosecution of said person or  persons violating a felony law of the State of Florida.

AFFIANT

SWORN to and subscribed before me this ______ day of ______, in the year _________.

JUDGE, Notary,
A.S.A. (for electronic signature)
__ A.S.A. name_______
/s/__
A.S.A. name

Assistant State Attorney

Florida Bar No.: 0123456

[insert address and email]

The above sworn application for search warrant coming on to be heard and having examined the application and the above sworn affidavit set forth and other facts and thereupon being satisfied that there is probable cause to believe that the grounds set forth in said application and facts so exist and that the law is being violated as alleged, I so find, and that a search warrant is hereby allowed and issued.

JUDGE

_/s/__ A.S.A. name___/s/__(for electronic signature)

A.S.A. name

Assistant State Attorney

Florida Bar No.: 0123456

[insert address and email]

IN THE CIRCUIT COURT OF THE _______ JUDICIAL CIRCUIT

IN AND FOR COUNTY COUNTY, FLORIDA

STATE OF FLORIDA,                                                          CR# 00-00-0000000

Plaintiff,

vs.

Defendant’s name here,

Defendant.

­­­­­­­­­­­­­­­­­­­­­­­­_______________/

SEARCH WARRANT FOR BLOOD

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA.

TO:   ALL AND SINGULAR THE SHERIFF AND/OR DEPUTY SHERIFFS OF COUNTY COUNTY, FLORIDA, AND/OR OfficerS of the Florida Highway Patrol, and/or OfficerS with THE GAINESVILLE POLICE DEPARTMENT, and/or OfficerS with AGENCY, AND/OR ANY OF THEIR DULY CONSTITUTED AGENTS:

WHEREAS, complaint on oath and in writing, supported by affidavit has been made to the undersigned Circuit/County Judge of COUNTY County, Florida, by Officer here, of the AGENCY, Florida.

AND WHEREAS, said facts made known to me have caused me to find that there is probable cause to believe that there is evidence of a felony violation of the laws of the State of Florida on and in a certain person in COUNTY County, Florida, being known and described as follows:

The person to be searched is Defendant’s name here, White/Black, Male/Femail, DOB: 0/00/0000, and reasonable force is authorized to obtain a blood sample from the Defendant for later analysis.

ALL OF WHICH contain evidence of the violation of the laws of the State of Florida, to-wit: Florida Statute § 316.193(3)(c)2, DUI with serious bodily injury to another, has been committed and evidence relevant to providing said felony is contained within said person;

NOW THEREFORE, you are commanded with a trained person, and such proper and necessary assistance as may be necessary, in the daytime or in the nighttime or on Sunday, to seize the aforesaid person, if located in County County, Florida, and then and there to search said person, you are hereby authorized to seize and secure a sample of the Defendant’s blood for later analysis and/or testing, giving proper receipt therefore and delivering a duplicate copy of this warrant to the said person searched, and making a return of your doings under this warrant within ten (10) days of the date hereof, and you are further directed to have the seized blood analyzed and/or tested, said blood to be otherwise maintained pending further order of a Court having jurisdiction of this offense according to law.

WITNESS, my hand and official seal in County County, Florida this ______ day of _____________, in the year _______.

____________________________________________

CIRCUIT/COUNTY JUDGE IN AND FOR County COUNTY

IN THE CIRCUIT COURT OF THE ______ JUDICIAL CIRCUIT

IN AND FOR County COUNTY, FLORIDA

STATE OF FLORIDA,                                                                      CR# 00-00-0000000

Plaintiff,

vs.                                                         

Defendant’s name here,

Defendant.

­­­­­­­­­­­­­­­­­­­­­­­­_______________/

SEARCH WARRANT INVENTORY AND RETURN

            Received this search warrant on __________________, and executed same on __________________, at _________ hours, by delivering a true copy thereof to ____________ and at the same time showing _____________ this original search warrant and reading to ___________ and explaining to ____________ the contents thereof, a blood sample was obtained from the person of the Defendant.

I, __________________, the law enforcement officer by who this warrant was executed, do swear that the above inventory contains a true and detailed account of all items taken by me pursuant to this warrant.

______________________________

Officer/Deputy/Trooper

STATE OF FLORIDA

COUNTY OF County

Sworn to (or affirmed) and subscribed before me this _____ day of ___________, in the year _______, by ________________________________, who is personally known to me _____ or produced __________________________________ as identification

___________________________________

Signature of Notary Public

If you visit the Florida Impaired Driving Coalition (FIDC) website, you can see they have a radical plan to change Florida’s DUI laws. At a recent virtual FCID meeting on July 23-24, 2020, Nicholas Tiscione from Palm Beach County Sheriff’s Office, lead a discussion on FIDC’s Blood Warrant Model Language.

The model language would change the law to allow the issuance of a search warrant to obtain forced blood draws for any violation of the DUI laws found in Section 316.193 or the BUI laws found in Section 327.35, including a misdemeanor for a first offense with no aggravating factors.

Currently, Florida law doesn’t allow search warrants for misdemeanor offenses under most circumstances.

Concern About FIDC Model Language

The model language for the proposed changes to Section 933.02 provides:

933.02 Grounds for issuance of search warrant.— Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:….

(6) When a sample of the blood of a person constitutes evidence relevant to proving that a violation of s. 316.193 or s. 327.35 has been committed.

The FCID material discusses why blood is the best specimen for testing in impaired driving cases including:

• a shorter detection window than urine
• allowing for testing the concentration of both alcohol and drugs
• unlike urine, blood concentrations can have some meaning for showing impairment from drugs

The discussion material indicates that as many as 40 states and the District of Columbia allow warrants for misdemeanor DUI blood draws.

This article was last updated on Friday, January 16, 2026.