Blood alcohol tests are often a key part of Florida DUI cases. Although police officers generally have to get a warrant or your consent to submit to such a test, there are a number of exceptions to that rule. The state’s Fourth District Court of Appeal recently explained one of those exceptions.
A defendant was charged with DUI manslaughter with failure to render aid and vehicular homicide with failure to render aid, stemming from a late-night car accident near West Palm Beach. The other driver involved in the crash died after his vehicle ended up in a nearby canal. The defendant, who the court said left the scene of the crash on foot and called 911 nearly an hour after the crash, argued that a problem with the throttle on his car had caused the collision. He also asked a court to throw out the results of a blood alcohol test taken after the crash, which showed that he had a blood alcohol content of more than 0.17 percent. A toxicologist estimated based on that test – which happened hours after the accident – that his BAC was as high as 0.23 percent at the time of the collision. That’s nearly three times the legal limit.
A deputy picked the defendant up and took him to the crash scene after he called 911. He told the police officer that he’d stopped a stop sign and hit something – he wasn’t aware what – after proceeding into an intersection. He said he then went home to call the police. The officer said he smelled of alcohol, and his speech was slurred. Although he refused a blood alcohol test when he was taken to the hospital, his blood was drawn and tested anyway. A trial judge later rejected his request to exclude the blood test evidence. Although the cops didn’t have a warrant at the time, the judge said the test was justified by “exigent circumstances.”