Can JSO Take Your Blood if you Refuse to Blow?

There is a case being appealed in Jacksonville that deals with what the police can do if they suspect someone is driving under the influence. There are a few cases recently where JSO got a warrant to draw a DUI suspect’s blood if they refused to blow into the breathilizer. Having the government hold you down and forcibly take your blood is the most invasive thing that can be done to a citizen. A preliminary circuit court opinion ruled that the police could do this. The case is being appealed.

Under Florida law, the only time police can forcibly take your blood is when you are involved in an accident that causes death or great bodily harm and a breath test cannot be performed. If the Florida legislature intended to allow the police to draw blood in every suspected DUI case, they would have written it into the law.

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