What happens if your rights are violated?
If your rights were violated and your attorney files and litigates the appropriate motions, the blood evidence taken in your case might be suppressed which can result in the entire case being dismissed. In other cases, the accuracy and reliability of the blood testing methods used in your case can be attacked at trial.
What is a DUI in Florida?
Under Florida Statute § 316.193 (3) (c) (3), DUI manslaughter under is an accusation that the accused drove while under the influence of alcohol or a controlled substance, and as a result of the DUI, the accused caused or contributed to the cause of the death of the victim.
Is a blood draw without a warrant unconstitutional?
McNeely and Birchfield v. North Dakota, a warrantless taking of blood is “per se” unconstitutional. Florida’s entire statutory scheme for forced blood draws and implied consent is in jeopardy.
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