Fort Lauderdale Forced Blood Draws Attorneys
Movies and television shows often show police officers barging into emergency rooms ordering doctors to take a forced blood draw from an unconscious patient. While scenes like this do make for good television, it is not always so dramatic when police officers try to force a blood draw from someone. Sometimes, they will simply tell a driver that they are allowed to force a blood draw and that if the motorist does not comply, they will arrest them. Fortunately, most of the time, law enforcement is not able to do this.
Florida law does allow forced blood draws in certain situations, but they are very limited. If you were charged with a DUI after blood was forcibly taken from you, it is important to speak to a Fort Lauderdale forced blood draws attorney as soon as possible.
When are Police Allowed to Take Forced Blood Draws?
If you are involved in an accident that results in injury or death, and the police officer suspects you of driving under the influence, they can take a forced blood draw. This includes if you only injured yourself. It is important to note though, that the police officer must have reasonable cause to believe you are under the influence. This is more than just a hunch. A police officer may have reasonable cause if they smell alcohol on your breath, your eyes are bloodshot, you are slurring your words, or otherwise acting intoxicated.
When are Police Not Allowed to Take Forced Blood Draws?
In the majority of cases, police are not allowed to take a blood test from someone unless they obtain a warrant, or the individual consents to the blood test. The landmark case of State v. Geiss in 2011 also stipulates that in Florida, police officers cannot even obtain a warrant for a blood draw in any misdemeanor DUI case. Police officers are not allowed to take forced blood draws because these tests are considered very invasive. Due to the fact that these tests require a needle to pierce the skin, blood draws are considered the most invasive type of chemical test.
What Happens After Unlawful Forced Blood Draws?
When police officers do not meet the very specific conditions that allow for forced blood draws in Florida, the test is considered illegal. A criminal defense attorney will file a motion to suppress the evidence that came as a result of the illegal draw to get it thrown out of court. Once it is, it can no longer be used against you, and will give you a better chance of beating the charges.
Our Fort Lauderdale Forced Blood Draws Attorney Will Protect Your Rights
If your blood was forcibly drawn and you are now facing DUI charges as a result, our Fort Lauderdale forced blood draws attorney at Meldon Law can provide the sound legal advice you need. Call us today at 800-373-8000 or fill out our online form to schedule a free consultation and to learn more about how we can help.