U.S. Supreme Court to Review Forced Blood Tests for Drunk Driving, Musca Law Examines Effect on Florida

Jacksonville, FL – The Florida drunk driving attorneys at Musca Law know the importance of police procedure and the rights of citizens concerning testing and charging suspects for driving under the influence of alcohol.

The U.S. Supreme Court has agreed to review whether or not police must obtain a search warrant for forcing a suspect to have their blood taken to examine their blood alcohol content. While this case stems from a Missouri trial, it could affect states across the nation, including Florida. As such, Musca Law’s legal team is concerned for the rights of all Florida citizens concerning drunk driving prosecution.

Warrants and Rights Concerning DUI Blood Tests

The U.S. Supreme Court recently announced that it would decide if a search warrant is needed for police to force a driving under the influence (DUI) suspect to have his or her blood drawn. The case will review a Missouri decision that stems from a 2010 incident where a DUI suspect refused to submit to a breath test and was then taken to a nearby medical laboratory, where he had his blood drawn, despite objections.

The Missouri Supreme Court had ruled that officers must typically seek a warrant to draw a DUI suspect’s blood; however, the State of Missouri has contended the decision, appealing to the U.S. Supreme Court. Missouri has claimed that the U.S. Constitution does not require police to receive judicial approval for a blood test as alcohol quickly dissipates in the bloodstream and waiting for a warrant would destroy important evidence. Currently, 27 states have laws barring nonconsensual blood tests, meaning that a warrant is needed in the event of a refusal. Both states that do and do not have such laws could be affected by the Supreme Court ruling, depending on which side the court takes.

Strict Laws, Strict Penalties for Florida DUIs

Under Florida law, police officers will require a warrant should a suspect refuse a blood test when being investigated for a DUI. However, Florida authorities have combated such rulings in recent years by holding “no refusal” DUI checkpoints, where a judge is on hand to promptly issue warrants in the event of a refusal. Those who are convicted of driving with a blood alcohol content of 0.08% or greater can face serious penalties that steeply increase with multiple convictions. Convicted defendants may be fined thousands of dollars, spend months in jail, and lose their drivers’ license for years. Without proper defense against charges, defendants may be subjected to the full extent of the law, incurring the heaviest fines possible.

Legal Experience for Successful Defense

At Musca Law, the Jacksonville DUI defense attorneys utilize effective defense strategies to build strong cases for each client. By both keeping clients informed of the ongoing changes in their case and building a defense that weakens prosecutors’ arguments while strengthening defense, Musca Law has helped countless clients since its founding in 2001 by John Musca. Every defendant deserves high quality legal representation and Musca Law is dedicated to providing clients with such defense.

Musca Law
2650 Airport Road South, Suite H
Naples, Florida 34112
(239) 793-5297
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Source:
http://www.businessweek.com/news/2012-09-25/forced-blood-test-in-drunk-driving-case-gets-court-review