A serious crash can change the way police handle a driving under the influence (DUI) investigation. If someone dies or suffers a serious injury, officers may seek a blood test instead of relying on a breath test.
Florida law requires blood testing when police have probable cause to believe that impaired driving caused death or serious bodily injury. However, the crash alone is not enough.
When the state requires blood testing
Probable cause means police have enough facts to reasonably believe that you drove or controlled the vehicle while impaired. They must also have probable cause to believe that the vehicle caused the death or serious bodily injury.
Florida law defines serious bodily injury as harm that creates a substantial risk of death, causes serious disfigurement or leads to a long-term loss or reduced use of a body part or organ. When officers have the needed probable cause, they must require a blood test under Florida law.
That rule explains when police must seek testing. Even then, the Fourth Amendment limits how they may obtain your blood. Police generally need a warrant, your consent or a valid exception before drawing blood without one.
What led police to request the test
What officers knew before they requested the blood test may matter if you later challenge it. They do not have to prove the entire DUI case first, but they need enough facts to establish probable cause.
Police may look at signs of alcohol or drug use, witness statements and evidence from the crash. Those details can help show who was driving and what happened before the collision. A blood test taken later cannot supply probable cause that did not already exist.
Keeping records from the crash
You may want to keep your medical records, crash report and paperwork from the blood test. Consider noting when officers requested the sample and what happened before they drew your blood. These records may help you organize the facts as you prepare to address the charge.