Posts Tagged ‘no-refusal warrant’


Update: No-Refusal DUI Warrants

Tuesday, April 26th, 2011

Recently, we blogged about no-refusal checkpoints in Florida, where officers obtain a warrant to forcibly do a blood draw on a driver suspected of DUI.

There is one such case currently on appeal in the 5th DCA in Daytona Beach, although the case doesn’t involve a checkpoint.

Here’s how the case got to the appellate court:   A driver was stopped by Melbourne police after they claim he failed to maintain a single lane back in 2009.  The driver was subjected to a forced blood test after a county judge signed a warrant.  At the trial court level, the defense filed a motion to suppress the blood evidence.  The trial judge agreed with the motion and suppressed the blood draw.  The state appealed.

Oral arguments were heard at the 5th DCA on April 19, 2011.  The DCA has not yet rendered a decision.

The name of the case is State v. Geiss.

For more info on the case, go here.

To track the status of the case at the 5th DCA, go here. The 5th DCA case number is 5D10-3292.