Driving Under the Influence Non-Arrest Blood Draw Case
In most DUI cases in Florida, the driver is arrested on the spot and given a court date or paperwork telling them that they have to make a court date with the clerk of court. The common exception occurs when a driver is involved in an accident and the driver is too injured to be arrested at the scene or in the hospital. If the officer investigating the accident establishes probable cause to believe the driver was under the influence of alcohol and/or drugs at the time of the accident, he will then ask the driver to submit to a blood test. In Florida there are two types of blood draws, one for medical purposes and one for legal purposes. A medical blood draw case starts when a driver is transported to the hospital and in the scope of his treatment a blood draw is conducted by hospital personnel. Florida Statute 316.1933 governs the law surrounding the disclosure of the results. The law states that if a health care provider who is treating a patient becomes aware that the blood alcohol level exceeds a .08, then that provider can disclose only the results to a law enforcement officer.
In most instances the State Attorney will attempt to subpoena the medical records of the driver to establish a chain of custody for the blood and attempt to determine any additional witnesses who they can use to testify against the driver. It is critical that a defense attorney file an objection to the state's intent to subpoena such records as quickly as possible and force the State to schedule a hearing before the Judge to establish relevancy of the medical records.
Legal blood draws occur when an officer has probable cause to believe that a driver is under the influence of alcohol or drugs and requests a blood draw to be analyzed at the Florida Department of Law Enforcement or regional crime lab. It can take several months for the results to return and the paperwork to be forwarded to the state attorney's office. Once that occurs, the state attorney will typically file charges if they believe the state can prove the charge beyond a reasonable doubt. Depending on the jurisdiction, the state will more than likely issue a capias or bench warrant for your arrest. Keep in mind that challenging the administrative suspension on your license is possible if it is within 10 days of the suspension actually becoming effective. Questions about DUI law and individual case results for former client can be found by clicking here or calling 1-800-FIGHT-IT (344-4848)
