The Florida Supreme Court will be hearing a case this week that could lead to significant changes in state rules regarding testing blood-alcohol levels in cases involving drunk driving. The case involves that of a man who was convicted and sentenced to just over fifteen years in prison for the 2010 traffic death of another man.
Among other things, the case will involve whether the Florida Department of Law Enforcement has adequate rules established to make sure that DUI cases involving blood-alcohol tests deliver accurate test results. The case arguments will focus in part on allegations that there are insufficient safeguards to prevent blood clots when blood is drawn, which may result in blood-alcohol levels that are artificially high.
Current blood-alcohol tests in today’s DUI cases go by a law generally known as “implied consent”. Under this law, people are essentially agreeing to a test of their breath or blood alcohol upon receiving their driver’s license.
If you have questions or concerns about your DUI case, please give us a call.
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This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.