In many cases, a person is charged with a DUI offense in Florida because they were pulled over while driving under the influence of alcohol or drugs. If a person is suspected of causing a collision while inebriated but the police have no proof that the individual drove the car involved in the crash, a warrant may be issued to acquire evidence such as blood samples. A Florida court recently released a ruling in a DUI case, reversing an order suppressing evidence gathered through several search warrants and explaining the probable cause the State must show to get a warrant. If you’ve been charged with a DUI, it’s a good idea to talk to a seasoned Florida defense lawyer about your alternatives.
The Accident and the Investigation That Followed
According to reports, at around 2:30 a.m., a deadly collision occurred at an intersection in Orange County. One vehicle’s passenger and driver both perished as a result of their injuries. The defendant, who was in the driver’s seat at the time of the accident, was the owner of the second car involved in the collision. He had seat belt burns over his chest, and the defendant’s passenger said that he was inebriated and had consumed too much alcohol to drive.
Allegedly, the defendant was taken to the hospital, where he refused to give a blood sample. A warrant was acquired by the officer investigating the accident, allowing him to seize a sample of the defendant’s blood. A second warrant was issued a few days later to allow the office to seize evidence from the defendant’s vehicle, and a third warrant was issued a month later to seize a DNA sample from the defendant to see if it matched DNA from the automobile. The defendant filed a petition to suppress the evidence collected through the warrants, claiming that the police did not have probable cause to obtain them. The application was granted by the trial court, and the State appealed.