Criminal law -- Driving under influence -- Evidence -- Blood test -- Law enforcement may not obtain warrantless

Criminal law -- Driving under influence -- Evidence -- Blood test -- Law enforcement may not obtain warrantless blood draw pursuant to section 316.1933(1) from defendant who was involved in DUI accident with serious bodily injury -- Consent to blood test was not freely and voluntarily given under totality of circumstances where testimony at hearing indicated that law enforcement provided implied consent form to defendant in Spanish and that the officer had marked the breath test section on the form, not the section for blood test -- Motion to suppress results of blood draw granted

Marco Island Office

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651 South Collier Blvd., Suite 2H
Marco Island, FL 34145
239-430-0001 fax 239-430-0002

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