Understanding Florida Statutes § 316.1933
Under Florida law, police can legally require a blood draw in certain DUI cases — even without your consent — especially when the crash results in serious bodily injury or death. This authority is granted by Florida Statutes § 316.1933, which creates a narrow exception to the general rule that a warrant or consent is needed for a blood draw.
If you've been in a crash and law enforcement suspects impairment, it's critical to understand how this law works — and why you should contact a criminal defense lawyer immediately to protect your rights.
What Florida Statutes § 316.1933 Says
Here's the core of the statute:
Florida Statutes § 316.1933(1)(a):
"If a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence... has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person's blood..."
In plain terms, if there is probable cause to believe DUI caused serious injury or death, Florida law requires the officer to secure a blood test, regardless of whether you consent to it.
What Counts as "Serious Bodily Injury"?
Under Florida law, serious bodily injury typically means an injury that causes:
- A substantial risk of death
- Serious permanent disfigurement
- Prolonged loss or impairment of the function of any bodily member or organ
This is more than a minor fender bender. If someone is hospitalized, unconscious, or suffers a fracture, the officer can likely argue that "serious bodily injury" exists under the statute — triggering the right to demand a blood draw.
Warrant or No Warrant? Understanding the Legal Debate
Although § 316.1933(1)(a) authorizes a nonconsensual blood draw, the United States Supreme Court has placed limits on how this power can be used.
In Missouri v. McNeely, 569 U.S. 141 (2013), the Court ruled that drawing blood without a warrant is only permissible under "exigent circumstances." That means officers must show that waiting for a warrant would risk the destruction of evidence (i.e., alcohol or drugs leaving your system) and that no reasonable alternative was available.
Since then, Florida courts have had to consider both the statute and the Constitution. In many cases, a warrant is still required unless the officer can prove that getting one wasn't feasible under the circumstances.
This makes these cases highly defendable, especially if the officer never tried to get a warrant and can't justify why.
Real-World Example
Let's say you're involved in a late-night crash in Tampa. Someone in the other vehicle suffers multiple broken bones and is rushed to the hospital. Police on the scene claim you appeared groggy, your pupils were constricted, and you admitted to taking a prescription medication.
Based on that, they claim "probable cause" of drug impairment. They transport you to a medical facility and demand a blood sample. You refuse, but they instruct the nurse to draw it anyway. No warrant is obtained.
That's a textbook § 316.1933 scenario — and also a potential Fourth Amendment violation if the officer had time to get a warrant but didn't. A skilled private attorney would review the timeline, dispatch logs, and video footage to challenge the admissibility of the blood results.
What to Do If This Happens to You
If you're taken to the hospital or jail after a crash and told that your blood will be drawn:
- Do not resist physically. That could lead to additional criminal charges.
- Do not consent verbally unless advised by a lawyer. You are allowed to remain silent.
- State clearly that you want an attorney present.
- Document everything afterward: how long you waited, what you were told, what time the draw occurred, and whether a warrant was presented.
- Call a private DUI defense lawyer immediately.
Common Charges That Follow a § 316.1933 Blood Draw
If the blood test shows alcohol or drugs in your system, you could be charged with one or more of the following:
- DUI with Serious Bodily Injury (Third-degree felony) – § 316.193(3)(c)2
- DUI Manslaughter (Second-degree felony) – § 316.193(3)(c)3a
- DUI Manslaughter with Leaving the Scene (First-degree felony) – § 316.193(3)(c)3b
- Vehicular Homicide – § 782.071
- Driving Under the Influence – § 316.193(1), if injury cannot be proven
- Reckless Driving Causing Injury – § 316.192(3)(a)
Felony DUI cases come with mandatory prison time, license revocation, permanent criminal records, and devastating collateral consequences for your family, your career, and your future.
How a Private Criminal Defense Attorney Can Defend You
These are evidence-driven cases, and that gives your attorney multiple points to challenge:
- Was there truly probable cause?
- Did the officer properly assess "serious bodily injury"?
- Was a warrant feasible?
- Were your constitutional rights violated?
- Was the blood draw performed properly, with a proper chain of custody?
- Were you under legal medication or impairment from something non-illegal?
- Was "impairment" proven, or merely the presence of a substance?
When you hire a private DUI lawyer, you're hiring someone who will investigate every inch of the case, not just negotiate a plea. I look at the timeline, the procedure, and the science. If something doesn't line up, I file motions to suppress — and when those motions win, the entire case can collapse.
Call Musca Law, PA For A Free Consultation
Florida Statutes § 316.1933 gives law enforcement powerful tools, but they must still follow the Constitution. A forced blood draw after a crash is not automatically legal — and it may be the exact reason your case can be thrown out.
The moment you're involved in a crash where someone is injured and a DUI is suspected, call an attorney. What happens next can shape the rest of your life.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.