Police officer drawing blood after a DUI arrest in Florida without a warrant

🚨 Can Police Take Your Blood Without a Warrant After a DUI Arrest in Florida?

Being involved in a serious DUI crash is frightening enough—but it gets even more complicated when police take your blood without a warrant.


In Florida, recent case law has clarified when warrantless blood draws are allowed. Here’s what you need to know about your rights—and how we fight these cases.

đź§  The General Rule: Warrants Are Usually Required

The U.S. Supreme Court’s 2013 decision in Missouri v. McNeely held that dissipation of blood alcohol alone does not automatically justify skipping a warrant.


In most cases, police must get a judge’s approval before drawing blood for DUI investigations.

 

⚖️ Bottom line: Warrant first—unless there’s a true emergency.

📜 The Florida Exception: State v. Oscar Acevedo

In the 2023 case of State v. Acevedo, Florida’s Fourth District Court of Appeal ruled that warrantless blood draws can still be legal under certain circumstances.

Key points from Acevedo:

  • Police had a reasonable belief that seeking a warrant would cause critical delay.
  • The case involved a serious crash and potential DUI manslaughter charges.
  • The scene was chaotic, emergency care was needed, and a judge wasn’t readily available.
  • Exigent circumstances made obtaining a warrant impractical without risking evidence loss.

âś… The Court distinguished this from McNeely, emphasizing that real-world facts can create legitimate emergencies justifying immediate action.

🔥 Why This Matters for Your DUI Case

If you’re facing DUI charges involving a warrantless blood draw, your defense attorney must carefully review:

  • Timing: How long would it have taken to get a warrant?
  • Emergency Circumstances: Was there a real threat to evidence preservation?
  • Availability of a Judge: Was a magistrate reasonably accessible?

If police acted too aggressively—or didn’t have a real emergency—the blood test results could be suppressed.

Additionally, understanding how alcohol dissipates over time is critical in blood alcohol concentration (BAC) cases.
Retrograde analysis—a scientific method used to estimate BAC at an earlier time—can sometimes work for or against you depending on the facts.

👉 Learn how retrograde analysis impacts DUI cases in Florida.

⚖️ Defending DUI Blood Cases in Fort Lauderdale and South Florida

At Michael White, P.A., we know how to challenge improper blood draws.
As a former prosecutor, Attorney White understands both the legal standards and the real-world pressures law enforcement faces—and how to hold them accountable when they violate your rights.

👉 Contact us today for a free consultation.

âť“ FAQs About DUI Blood Draws Without Warrants

âť“ Can police always take my blood without a warrant after a crash?

No. They must prove true exigent circumstances existed that made getting a warrant impractical.

âť“ Does the type of crash matter?

Yes. Serious crashes involving death or injury create more justification for quick action—but police still must show urgency.

âť“ What happens if the blood was taken illegally?

Your lawyer can file a motion to suppress the blood evidence, which could weaken or destroy the prosecution’s case.

âť“ Is McNeely still good law?

Yes. McNeely remains binding nationally, but Florida courts like in Acevedo can recognize fact-based exceptions.

âť“ Can I beat a DUI manslaughter charge if the blood draw was illegal?

Possibly. Suppressing critical blood evidence could lead to reduced charges—or even dismissal.