On January 7, 2011, the Florida Fifth District Court of Appeals released its opinion in State v. Murray and Brink (36 Fla. L. Weekly D88b). In this Florida Driving Under the Influence (DUI) case, Murray and Bring, the DUI Defendants, were street racing and were involved in a crash that killing another driver. The Florida State Troopers responded to the crash. Neither Florida DUI Defendant appeared to be under the influence, and they did not smell like alcohol. They did not have probable cause to request a breath, urine, or blood sample, and they did not have probable cause to arrest. Still, the Florida State Troopers asked if the drivers would be willing to consent to a blood test. Both men consented.
According to Chu v. State, 521 So. 2d 330 (Fla. 4th DCA 1998), Florida’s Implied Consent Law requires submission only to a breath or urine test, and a blood test is offered as an alternative. In this case, since the Florida DUI Defendants consented to the blood test, it was admissible. It did not fall under the Florida Implied Consent Law. The Florida Fifth District Court of Appeals also noted that the holding in Chu sweeps to broadly.
If you have been charged with DUI in Jacksonville, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.