Legal Question in Criminal Law in Florida

My son was given a citation for driving too fast for conditions after he crashed his motorcycle in a residential area. He didn't hit anyone and no other parties were involved. Hours later at the hospital the state trooper had the nurse draw his blood and they were going to send it to Tallahassee to be tested for BAC level. Is this legal and can they charge him with a DUI after the fact? It's been well over two weeks ago and we haven't heard anything.


Asked on 3/13/13, 9:53 am

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

As to charging DUI later, yes they can charge him

After the fact. In many cases it takes months for the FHP to get results from FDLE. There are specific rules related to when they are allowed to draw blood which they may or may not have complied with. If your son had in fact been drinking it may be a good idea to consult with an attorney. There are a number of potential issues with his case.

Read more
Answered on 3/13/13, 10:44 am


Related Questions & Answers

More Criminal Law questions and answers in Florida