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Criminal Law — Dui Manslaughter — Evidence — Breath Test — Although Section 316.1933 States That Law Enforcement Officer Shall

Aug 10th, 2019 in News by admin

Criminal law — DUI manslaughter — Evidence — Breath test — Although section 316.1933 states that law enforcement officer shall require person to submit to blood draw when probable cause exists for DUI manslaughter, suppression of breath test is not appropriate remedy for failure to administer blood test to defendant suspected of DUI manslaughter — Where statute does not provide that blood test is only test available and does not preclude breath test for DUI manslaughter suspect, breath test administered to defendant was lawful