A recent case in Jacksonville, Florida has brought up a very valid and
interesting point of law. A driver was involved in a crash and was taken
to the hospital, unconscious. The officer at the scene noticed a very
strong smell of alcohol coming from the driver's vehicle.
Even though the officer did not have a search warrant, and the driver
was not able to consent to a blood test, the officer asked the hospital
to take blood for the purpose of testing for blood alcohol levels. The
hospital did take the sample and the driver's blood-alcohol level was
far above the legal limit. When the driver regained consciousness, he
was arrested and charged with DUI.
During the trial, the defense argued that he was subjected to an illegal
search and seizure, as there was no search warrant and the defendant was
unable to give consent to having a blood sample taken. The driver,
however, was still convicted of DUI.
An appeal court determined that, ultimately, the taking of the blood
the sample was constitutional as the constitution states "unreasonable
Search and seizure.' The court determined that in the public interest,
something as time-sensitive as a blood alcohol level test was a
reasonable search. If you live in Burlington, Essex, Colchester,
Winooski, Williston, Shelburne or anywhere in the state of Vermont, and
have been arrested or charged with DUI or any crime, call Handy Law for
aggressive and experienced legal defense.
Blog
23Mar 2020