Client was involved in a single vehicle incident and transported to the hospital. While at the hospital, he was read “Implied Consent” by law enforcement, informing him that if he did not submit to a blood test, his driver’s license would be suspended. Based on that information, client agreed to provide a blood sample. Months later, after the blood results were received by law enforcement, our client was officially charged with a DUI.
Upon review of the case, our attorneys filed a Motion to Suppress the blood request and results based on Florida’s Implied Consent Law. The Implied Consent Law only requires a breath sample or urine sample be provided, except when certain criteria are met. In our client’s case, those criteria were not met, so asking for a blood sample was improper by law enforcement. Based on the case law provided by our attorney, and the testimony at the hearing, the Judge ruled that the blood request, and results would not be admissible in any trial against our client. Without any evidence to prove that our client was impaired, the State dismissed the case.