A driver charged with Driving Under the Influence (DUI) in Jacksonville has the option to refuse a breath and/or urine test under Florida’s Implied Consent Law. If the driver refuses the breath or urine test, the refusal can be used against him, and if he submits to the testing, the results can be used against him.
In some Jacksonville DUI cases, the police officer may request a blood draw. According to Florida Statute Section 316.1932, a police officer may request a blood test if the driver is at a medical facility for treatment, and administering a breath or urine test would not be practical. If a Jacksonville DUI case falls under this statute and the driver is conscious, he has the option of refusing the test. Under Florida Statute Section 316.1933, a police officer can force a driver to submit to a blood test if the Jacksonville DUI case involves death or serious bodily injury. If blood is drawn in violation of Florida law, a Jacksonville DUI lawyer should file a Motion to Suppress the results of the blood-draw.