Judges in 13 Central Florida counties have decided they will no longer issue warrants to force blood tests in cases where a driver is facing a misdemeanor DUI charge, Florida Today reports.
This is good news for drivers and hopefully it is a precedent that will trickle down to South Florida as well. Fort Lauderdale DUI Lawyers have seen blood testing results in many DUI cases tossed out because police didn't have the authority to ask for it in the first place. An aggressive Miami DUI attorney will fight to withhold this type of evidence, which can give the defendant a better chance at winning the case.
The Central Florida decision comes after a man was stopped by Melbourne police in September 2009 and charged with misdemeanor DUI. Because he refused to perform field sobriety tests and a breath test, a judge authorized a warrant to draw blood to test his blood-alcohol level. A circuit judge disallowed the blood evidence in court, but the state appealed and a court of appeal allowed the blood evidence in.
According to the news article, future cases will proceed on a "good faith" exception, meaning officers must believe they have legal authority to conduct blood draws. According to 316.1932, blood can be drawn if the person is suspected of DUI and they are already being treated at a hospital or medical clinic. The statutes also say a person can refuse a blood test.
DUI charges can be felonies if the driver has two prior DUI convictions, with at least one in the past 10 years. A fourth suspected DUI after three previous convictions would be a felony, as well as cases that involve property damage, injuries or death.
In any type of case, including felony DUI and DUI manslaughter in Broward, blood testing will be tested by any competent DUI attorney. Any serious DUI charge where authorities drew blood to test a driver's blood alcohol level should result in a motion to suppress the evidence. This is very important because that evidence can put the defendant in a bad light, which could lead to a conviction.
Penalties for DUI in Florida are steep. For DUI manslaughter, it's a second-degree felony, which is punishable by up to 15 years in prison on top of a $10,000 fine. Leaving the scene of a DUI manslaughter accident can result in a 30-year prison sentence. That's why putting so much time, energy and effort into these types of cases is so critical. And hiring the right attorney with decades of experience is the right first step.
Fort Lauderdale DUI Lawyer Carlos Canet is an aggressive and experienced DUI defense attorney, representing clients facing DUI and criminal traffic charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights.
