| Read Time: < 1 minute | Criminal Defense

fireball-whiskey-flickrThe Supreme Court is taking another “shot” at the DUI laws and the drunk-driving test.  They will be examining three separate cases that will be argued together at a one hour hearing.  The issues presented in this case are defendants declining to take the tests.  In this case they are a blood test, a breath test, and finally a person who refused sobriety tests and then was taken to a hospital against his wishes.

In Florida, if you have previously had your license suspended for refusing to submit to a breath, blood or urine test and subsequently refuse a breath, blood, or urine test you may be convicted of a separate crime.  It appears that the United State Supreme Court is going to examine the constitutionality of this crime and the refusal in general.

This examination of the refusal law is something of a follow up to a previous ruling in Missouri v. McNeely that “the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.”  

This could have a very serious impact on Florida’s refusal law and how it is treated by a substantive driving under the influence charge as well as a substantive refusal charge.

Image credit m01229 at Flickr

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Andrew Moses

Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.

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