In many instances in which a person is charged with a DUI crime in Florida, it is because they are stopped while driving a vehicle under the influence of alcohol or drugs. If a person is suspected of causing a collision while intoxicated but the police have no proof that the person drove the vehicle involved in the crash, they may seek a warrant to obtain evidence such as blood samples. Recently, a Florida court issued an opinion in a DUI case, reversing an order suppressing evidence obtained via multiple search warrants, and in doing so explained the probable cause the State must demonstrate in order to obtain a warrant. If you are charged with a DUI offense, it is advisable to speak to a seasoned Florida DUI defense attorney to assess your options.
The Accident and Subsequent Investigation
It is reported that a fatal accident occurred at approximately 2:30 am at an intersection in Orange County. The passenger and driver of one vehicle both died due to their injuries. The other vehicle involved in the crash was registered to the defendant, who was sitting in the driver’s seat. He had seat belt burns across his chest, and the passenger of the vehicle stated that the defendant was impaired and drank too much to drive.
Allegedly, the defendant was transported to the hospital, where he refused to submit to a blood draw. The officer investigating the accident obtained a warrant and was permitted to seize a sample of the defendant’s blood. A second warrant was obtained a few days later to allow the office to obtain evidence from the defendant’s vehicle, and a third warrant was issued a month later to obtain a DNA sample from the defendant to determine if it matched DNA obtained from the car. The defendant filed a motion to suppress the evidence obtained from the warrants arguing the police lacked probable cause to seek such warrants. The trial court granted the motion, and the State appealed.