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The post below was published on Tuesday, January 18th, 2011 at 8:22 AM.

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Certified Conflict: Automobile Driver Blood Draws

State troopers arrived at the scene of an accident. The men involved in the accident did not appear intoxicated or smell of alcohol, but the troopers nonetheless requested that they voluntarily provide blood samples. The men did so and signed written consent forms.

They later argued they should have been informed that Florida’s implied consent law requires submission only to a breath or urine test, and that a blood test is offered only as an alternative. A trial court agreed and suppressed the test results.

The Fifth District reversed. The court held that the implied consent law’s limitations are not applicable where officers are not attempting to utilize the implied consent law and seek only a voluntary blood test.

The court stated that if an earlier Fourth District decision “is read to require a contrary result, we acknowledge our direct and express conflict with it.”

I have given this post a “Certified Conflict” title, which will later make it easier to track what happens with this case, but is that a certification of conflict?

The Fifth District’s decision is available here.

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