Can police take my blood after a DUI crash in Florida?

Most Florida DUI cases turn on a breath test. Crash cases often turn on blood instead, because the driver is injured, taken to a hospital, or unable to blow. Two statutes govern when the State can get that blood: section 316.1932, the implied consent law, and section 316.1933, which covers crashes involving death or serious bodily injury. This page walks through both, the people allowed to draw blood, the testing rules written by the Florida Department of Law Enforcement (FDLE), and what the defense can obtain. Mr. Mead's approach to the charge itself is on the main DUI defense page.

How does a blood draw happen after a crash, step by step?

1. The crash investigation. Officers decide whether there is reasonable cause, or in a death or serious injury case probable cause, to believe the driver was impaired by alcohol, a chemical substance or a controlled substance (ss. 316.1932(1)(c), 316.1933(1)(a)).
2. The request or the order. At a hospital or in an ambulance, where breath or urine is impractical, the officer asks for blood under the implied consent law and warns a driver who can refuse about the suspension. In a death or serious injury case, the officer must require the test and may use reasonable force.
3. The draw. Only listed medical personnel may draw the blood at the officer's request, and the FDLE collection rules on antiseptic, tubes and labels apply (Rule 11D-8.012).
4. The lab. The sample goes to a laboratory within 30 days and is analyzed by an FDLE-permitted analyst within 60 days of receipt (Rule 11D-8.012(6)).
5. The license. If the result is 0.08 or higher, the officer or agency sends it to FLHSMV within 5 days of receiving it, and FLHSMV then suspends the license and issues the notice (s. 322.2615(1)(a)). The 10-day clock to respond is explained in keeping your license within 10 days.
6. The criminal case. Because blood results take time, an arrest and the formal charge may come weeks after the crash. The order of events after an arrest is laid out in what happens after a DUI arrest in Florida.

When can police require a blood test even if I say no?

When there is probable cause to believe that a vehicle driven by someone under the influence "has caused the death or serious bodily injury of a human being." In that case section 316.1933(1)(a) says the officer "shall require" the driver to submit to a blood test and "may use reasonable force if necessary." The test must be done in a reasonable manner, and it "need not be incidental to a lawful arrest." Serious bodily injury means an injury, to anyone including the driver, that "creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ" (s. 316.1933(1)(b)). FLHSMV's summary of the law describes the same rule as a "forceful withdrawal of blood, if necessary."

These are also the cases where the charge itself is most serious: a DUI causing serious bodily injury is a third-degree felony, explained on our felony DUI page.

What about a blood test at the hospital after a crash without serious injury?

Section 316.1932(1)(c) covers it. A driver is deemed to have consented to a blood test if there is reasonable cause to believe he or she was driving under the influence, the driver "appears for treatment at a hospital, clinic, or other medical facility," which includes an ambulance, and a breath or urine test "is impractical or impossible." A person who is unconscious or otherwise incapable of refusing "is deemed not to have withdrawn his or her consent." A person who can refuse must be told that refusing means a 1-year license suspension, or 18 months after a prior suspension, and a refusal can be used as evidence in the criminal case.

Who is allowed to draw the blood?

Only "a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer" (ss. 316.1932(1)(f)2.a., 316.1933(2)(a)). Both statutes add that if the officer did not ask for a draw, that "does not affect the admissibility of a test of blood withdrawn for medical purposes."

Can the hospital tell police about my blood alcohol?

It can. If a blood test done during treatment after a crash shows 0.08 or higher, the health care provider "may notify any law enforcement officer or law enforcement agency" within a reasonable time. The notice is limited to the patient's name, the person who drew the blood, the alcohol level, and the date and time of the test, and it may be used only to give the officer reasonable cause to request a blood sample under the statute (s. 316.1932(1)(f)2.b., c.). Separately, blood results obtained under these sections must be released, on request, to a court, prosecutor, defense attorney or officer in connection with a DUI case, despite medical confidentiality laws (ss. 316.1932(3), 316.1933(4)).

How must the blood be collected and tested?

The analysis must follow methods approved by FDLE and be done by an analyst holding an FDLE permit, although "insubstantial differences" do not make the result invalid (s. 316.1933(2)(b)). FDLE's rules fill in the details:

• The skin is cleaned with an antiseptic that does not contain alcohol (Rule 11D-8.012(1)).
• Blood goes into a glass evacuation tube containing a preservative such as sodium fluoride and an anticoagulant such as potassium oxalate or EDTA, and the tube is inverted several times right away (Rule 11D-8.012(2), (3)).
• The tube is labeled with the person's name, the date and time of collection, and the initials of the person who drew it (Rule 11D-8.012(4)).
• The sample is delivered or mailed for analysis within 30 days and analyzed within 60 days of receipt; it need not be refrigerated if submitted within 7 days (Rule 11D-8.012(5), (6)).
• The approved method is gas chromatography, and an approved test analyzes two portions of the same sample, with results within 0.010 grams per 100 milliliters (Rules 11D-8.011(1), 11D-8.002(11)).

As with breath, the rules close by saying results obtained outside these requirements may still be accepted "if proved to be reliable" (Rule 11D-8.012(7)). Whether a given lapse matters is decided case by case. The breath side of the same rules is covered in how a Florida breath test is done.

Can blood be tested for drugs as well as alcohol?

Yes. Both statutes allow testing for alcohol, for the chemical substances listed in section 877.111, and for controlled substances. One limit applies: a result obtained to detect a controlled substance under these sections is not admissible in a separate prosecution for possessing that substance (ss. 316.1932(2), 316.1933(3)(b)). Impairment by medication or marijuana is discussed on our page about a DUI for marijuana or prescription drugs.

Can I get my own test?

Yes, at your own expense. The person tested may have a qualified person of his or her choosing give an independent test, and the officer must not interfere and must provide timely telephone access to arrange it, though the burden of getting it done is on the person (s. 316.1932(1)(f)3.). The person or the lawyer may also request full information about the State's test, including the procedure, the time of collection, the results and the analyst's permit (s. 316.1932(1)(f)4.).

What changes the answer?

• How serious the injury was. "Serious bodily injury" has a fixed definition in section 316.1933(1)(b), and only a death or serious bodily injury allows a forced draw. The same line separates a misdemeanor crash DUI from a felony, as our page on a DUI that involved a crash explains.
• Whether a breath or urine test was practical. Implied consent to blood at a hospital applies only when breath or urine "is impractical or impossible" (s. 316.1932(1)(c)).
• Whether the driver could refuse. An unconscious driver is treated as not having withdrawn consent; a driver able to refuse must be warned, and a refusal brings a suspension and can be used as evidence. Refusal rules in general are on our page about refusing a test in Florida.
• Who drew the blood and how. A draw by someone outside the statute's list, or collection that ignores FDLE's rules, raises reliability questions, though results "proved to be reliable" may still be accepted (Rule 11D-8.012(7)).
• Medical blood versus police blood. Blood drawn for treatment can still be admitted, and its results can reach the State through the notice and release provisions of section 316.1932.

A worked example

For example, picture a hypothetical two-car crash on a Broward road at night. One driver is taken by ambulance to a hospital with a broken wrist and is alert. Breath testing is impractical in the emergency room, so the officer explains the implied consent warning and asks for blood; the driver agrees, and a nurse draws it into a sealed, labeled tube at the officer's request. A broken wrist alone may or may not be a "serious bodily injury," so this is the hospital route of section 316.1932(1)(c), not a forced draw. If the other driver had instead suffered life-threatening injuries, the officer would have had to require a test under section 316.1933, with reasonable force if necessary, and the case would move toward a felony. In both versions, the defense would ask for the hospital records, the lab file and the analyst's permit. The example is invented and predicts nothing about a real case.

Common mistakes people make

• Assuming no charge is coming because nobody was arrested at the hospital; blood results and charges can follow weeks later.
• Missing the license deadline once FLHSMV's suspension notice arrives after the blood result.
• Talking to insurers or investigators about drinking before speaking with a lawyer.
• Not asking for the full information about the State's test, including the analyst's permit.
• Not requesting an independent test when there was the chance to arrange one.

What to do this week

1. Write down who drew your blood, when, where and at whose request, and whether you were warned about refusing.
2. Keep every hospital bill and discharge paper; they show times and treatment.
3. Watch the mail for a notice of suspension from FLHSMV and note the date it arrives.
4. Ask a lawyer to request the State's full test information and your medical records.
5. Do not post about the crash or the hospital visit online.

Frequently asked questions

Do police need a warrant to draw blood after a fatal crash in Florida?

Section 316.1933 itself does not mention a warrant: it says the officer "shall require" the test when there is probable cause, and that the test need not be incidental to an arrest. Whether a particular draw also met constitutional limits is a question a court decides on the facts of the case.

How long does a DUI blood result take?

FDLE's rule allows up to 30 days to deliver or mail the sample and up to 60 days after receipt for the first analysis (Rule 11D-8.012(6)). That is why charges in blood cases often come later than in breath cases.

Can the hospital refuse to give my records to the State?

Blood alcohol and drug results obtained under these sections must be released, on request, to the court, the prosecutor, the defense or an officer in connection with a DUI case, despite medical confidentiality laws (ss. 316.1932(3), 316.1933(4)).

What if the blood was drawn hours after the crash?

The statutes set no fixed time limit for the draw. The time of collection must appear in the full information given about the test (s. 316.1932(1)(f)4.), and timing is often part of the defense review.

Can a blood test be used if someone died?

Yes, and a death case is where section 316.1933 most often applies. The charges and sentence are covered on our page about DUI manslaughter in Florida.

Is the blood result enough to prove the case?

A blood-alcohol level of 0.08 or more is one way the DUI statute defines the offense (s. 316.193(1)(b)), but the State must still show the analysis followed FDLE-approved methods by a permitted analyst (s. 316.1933(2)(b)) and that the impaired driving caused the harm charged.

How can Mr. Mead help?

In a crash case, the questions start with the blood: whether there was probable cause for a forced draw, who drew it and how, and what the hospital and lab records show. Mr. Mead obtains and reviews those records and explains what they mean for the charge, which after a crash also depends on whether anyone was hurt. Every case is different, and no outcome can be promised. For a confidential conversation, call (561) 362-6677, 24 hours a day.

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