Unconscious Dui
Hi, my name is Kristen and I am 20 years old. I recently was involved in a horrible accident that caused me to be unconscious at the time the police were on the scene. I was charged with a DUI, but all I want to know is if one is unconscious, are the police still allowed to take my blood alcohol level without consent? Thank you.
1 Answer from Attorneys
Re: Unconscious Dui
The answer to your question is yes. In Florida, if you are involved in an accident and there is probable cause to believe that you are impaired and the cause of the accident the police may take a blood sample without consent. in your case you could not give consent because you were unconscious, therefore, the blod draw is probably okay. you should still consult with an attorney before you take any other action. There may be some additional facts of your case which could be used to keep the blood test out of evidence. Good luck. Joseph Vredevelt, Miami DUI Lawyer.
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