Only in two situations: you actually consent, or a court later finds true exigent circumstances based on the specific facts of your case. Otherwise, officers need a warrant. On September 2, 2026, Florida’s Fourth District Court of Appeal in State v. Marlin affirmed the suppression of a forced blood draw in a fatal Turnpike crash,…
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Key Takeaway: Only by clearing real legal hurdles. Your hospital records are protected by Florida’s constitutional right of privacy, and prosecutors cannot subpoena them without a court’s approval, proper notice to you, and a demonstrated connection — a “nexus” — between the records and the investigation. Florida’s appellate courts have quashed subpoenas where the State…
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DUI manslaughter cases in Florida are defended on two things the State has to prove: that the driver was impaired, and that the driving caused or contributed to a death. Both elements carry a heavy burden of proof, and both can be attacked. The chemical evidence, the lawfulness of the stop and the blood draw,…
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How Forensic Toxicology and Retrograde Extrapolation Won a DUI Manslaughter Case When someone is arrested for DUI, the blood alcohol concentration (BAC) measured at the police station or hospital is not necessarily the same as their BAC when they were actually driving. Alcohol takes time to absorb into the bloodstream. Depending on when the person…
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Refusing a breath test is now a crime, repeat offenders face first-degree felonies, and DUI/BUI manslaughter penalties have dramatically increased ⚠ CRITICAL CHANGES EFFECTIVE OCTOBER 1, 2025 Under Trenton’s Law, refusing a breath or urine test is no longer just an administrative matter—it is now a criminal offense that creates a permanent record. A first…
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State v. Kilburn demonstrates why machine maintenance records prove critical when challenging DUI breath test evidence in Florida KEY RULING: COURT EXCLUDES BREATH TEST RESULTS In State v. Kilburn, Marano, and Depauw, the Florida Second District Court of Appeal upheld a trial court ruling that threw out Intoxilyzer 8000 breath test results. Specifically, the machine…
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A recent decision by Florida’s Second District Court of Appeal reversed a DUI conviction after the trial court improperly excluded a key defense witness. In Karls v. State, 2D2024-0325 (Fla. 2d DCA May 7, 2025), the appellate court made clear that defendants have a constitutional right to present witnesses in their defense—even if the testimony…
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