Under Florida law the police are not allowed to draw one’s blood except under certain circumstances. The police are only allowed to forcibly extract blood from a DUI suspect when the suspect is involved in an accident resulting in death or serious bodily injury. The police cannot forcibly extract your blood but can request blood if the suspect appears at a hospital for treatment and a breath test would be impractical. In order to gain the suspects valid consent to a voluntary blood draw the police must properly warn the suspect that only breath and urine are required by law.

Once blood has been taken the State must follow a strict procedure in order to obtain those results. The Hillsborough County State Attorney’s office must provide written notice to the suspect or their attorney that they intend to subpoena the suspect’s medical records. The attorneys at Finebloom & Haenel will immediately look into the circumstances of your blood draw and make all the appropriate objections. If you receive a subpoena from the Hillsborough County State Attorneys Office seeking to obtain your medical records call us immediately at 813- 200-4213.