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Forcible DUI Blood Draws


September 14, 2009
Topic: Criminal

The Jacksonville Florida Times Union today had an article about forcible blood draws.  Although a blood draw seems to be a better alternative to breath samples, studies show they are still not reliable.  This debate also rages across the country where citizens refuse to take breath tests are being forced to give blood samples.  Florida has no specific proceedure for the taking of blood.  Further, compelling evidence to be given in a misdemeanor case violates the jurisprudence of Florida.  Criminalizing breath sample refusals is additionally wrong, but because the Legislature has authorized it, there is very little that can be done with it.  In the end, opponents of existing DUI laws is an opinion crime.  Even with blood alcohol content, the .08 level is arbitrary and not truly indicative of whether someone has had too much to drink in many cases.  Many persons should not drive at levels below .08 while others may be safe. 

An experienced Florida DUI defense attorney can help you with you DUI case.  We have handled literally thousands of DUI cases and we are available for a free consultation to discuss your DUI case.  Contact us today!  


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