Years ago, when I was still a paramedic with the fire department, we would occasionally draw blood from patients and turn it over to the police. More than once, I drew a resisting patient’s blood while a police officer held a taser to their neck.
Why would I do that, you ask?
Florida has long had a specific statute, § 316.1933, covering crashes involving death or serious bodily injury. It provides that when an officer has probable cause to believe an impaired driver caused a death or serious bodily injury, the officer shall require a blood test. The statute also expressly authorizes the officer to use reasonable force if necessary, and it authorizes physicians, nurses, paramedics, and other qualified personnel to draw the blood at the officer’s request. It also grants immunity to those assisting with the draw when acting under the statute at the direction of a law enforcement officer.
For many years, the prevailing view, based largely on the earlier U.S. Supreme Court decision in Schmerber v. California (1966), was that alcohol dissipating from the bloodstream created an exigency justifying a warrantless blood draw in many DUI cases. The person’s liver was literally destroying the evidence every minute, and the delay in obtaining a warrant was the difference between a DUI homicide and a drunk walking away.
I understood why the law was there, and I also disagreed with it. My favorite quote is “better 1,000 guilty go free than 1 innocent person be convicted.” The truth is that the DUI law changes have had no discernible effect on the rate of traffic fatalities. Of course, the fact that the government uses traffic offenses as a cash cow, with Florida making $100 million a year from traffic tickets has nothing to do with it. In California, it was discovered that 1,600 DUI checkpoints yielded only 3,200 DUI arrests (two per checkpoint), but resulted in $40 million in traffic tickets and 24,000 vehicle confiscations. Cops also won, being paid $30 million in overtime to staff the checkpoints.
That was the law when I retired from the fire department in 2011. Then in 2013, the Supreme Court decided Missouri v. McNeely. The Court held that the natural metabolization of alcohol by itself does not automatically create an exigency. Instead, officers generally need a warrant unless the facts of the particular case make obtaining one impractical.
After McNeely, Florida appellate courts repeatedly held that, despite § 316.1933, the State still had to show either:
- a warrant,
- valid consent,
- or a recognized exception to the warrant requirement (such as genuine exigent circumstances).
