Florida law permits a police officer to order a test of your blood if he has probable cause to believe you were driving under the influence of alcohol or drugs and while doing so caused the death or serious bodily injury of a human being, even if you are the only one injured in the accident.
However:
1. If the officer ordering a blood test does not have any personal information or reports from other officers or anyone else to establish probable cause, then he is not permitted to order such a test.
2. If an officer orders a blood test without probable cause, the results of that test cannot be used in court.
3. If an officer orders a blood test simply because it is standard operating procedure for him to do so whenever there is an auto accident, the results of that test cannot be used in court.
4. If someone was injured in an accident but not seriously, an officer is not allowed to order a blood test. If he does so anyway, the results of that test cannot be used in court.
A blood test can provide one of the most damning pieces of evidence against you in a DUI case. Therefore, it is very important for you to know when the police can and cannot order such a test.
If you have been charged with DUI or are under investigation for DUI, call me at 561-832-4348.