Florida Statute § 316.1933 allows law enforcement to treat blood draws more aggressively in felony DUI case.
🩸 Blood Tests in Florida DUI Cases: Misdemeanors and Felonies Explained
If you’ve been charged with a DUI in Fort Lauderdale or South Florida, especially after an accident, police may try to collect your blood as evidence.
Whether it’s a misdemeanor or felony DUI, knowing the difference between legal blood and medical blood, and how to challenge either, is essential to protecting your rights and your record.
🧪 Legal Blood vs. Medical Blood in DUI Cases
✅ Legal Blood (Consented Blood Draw)
If you consent to a blood draw, the police may use the results in court—but only if they can show:
- The draw took place in a qualified medical setting
- A breath or urine test was impractical or impossible
- They properly advised you of your rights under Florida’s Implied Consent Law
📍 If you refuse a test, the State can impose serious penalties, including:
- Suspending your license for 1 year (on a first refusal)
- Imposing an 18-month suspension and filing new criminal charges (if you’ve refused before)
📊 According to FLHSMV, thousands of Florida DUI cases involve chemical test refusals or contested blood evidence each year.
⚕️ Medical Blood (Non-Consented Draw)
This refers to blood drawn during treatment (e.g., in the ER) and not for law enforcement purposes. Prosecutors can still try to use it.
Here’s the process:
- The State issues a subpoena for your medical records
- You’ll receive a Notice of Intent to Issue Subpoena Duces Tecum
- You have the right to object and request a Richardson Hearing
- At the hearing, the State must prove the relevance and necessity of the records
🛡️ A defense attorney can block the subpoena or suppress the records, preventing damaging blood results from being used.
Arrested for DUI in Fort Lauderdale or Anywhere in South Florida?
🔴 Felony DUI Blood Draws in Florida
A DUI becomes a felony when:
- The crash causes serious bodily injury or death
- You have multiple prior DUI convictions
- You’re driving with a suspended license during the offense
- You’re accused of leaving the scene of a serious crash
🔓 When Can Police Forcibly Draw Blood?
Police may order a forced blood draw without your consent if:
- You’re suspected of causing serious injury or death, and
- Exigent circumstances exist (e.g., delays could cause evidence loss)
Even then, most agencies secure a search warrant to avoid legal challenges.
📍 In Fort Lauderdale, officers often coordinate with prosecutors to draft warrants within minutes—especially after DUI crashes involving injuries.
⚖️ How to Challenge Blood Evidence in DUI Cases
Whether it’s legal, medical, or forcibly obtained blood, a skilled defense attorney can:
- Argue improper collection procedures
- Raise issues with chain of custody
- Challenge consent or lack of a valid warrant
- Question the scientific reliability or lab procedures
🧠 If blood evidence is suppressed, the State may not have enough to move forward.
💬 FAQs: Blood Draws in Florida DUI Cases
Q: What is ‘legal blood’ in a Florida DUI case?
A: It’s blood drawn with your consent, under specific legal procedures. Officers must follow the Implied Consent Law.
Q: Can prosecutors use blood drawn during medical treatment?
A: Yes—but only after issuing a subpoena. You can object and request a Richardson Hearing.
Q: Can police forcibly draw blood in a felony DUI case?
A: Yes—if there’s serious injury or death and exigent circumstances. Most officers seek a warrant to be safe.
Q: How can I challenge DUI blood evidence?
A: Through motions to suppress based on consent, relevance, collection method, or evidence handling errors.
📍 Fort Lauderdale DUI Blood Test Defense
At Michael White, P.A., we represent clients throughout Fort Lauderdale, Broward County, and South Florida facing both misdemeanor and felony DUI charges. If your case involves a blood draw or subpoena, don’t wait.
📞 Call (954) 707-0850 now for a free consultation. We’ll review your case, fight to suppress unlawful evidence, and defend your rights every step of the way.