In a DUI arrest, when a breath test is not available or feasible, or if the circumstances allow, law enforcement may seek a sample of the accused driver's blood to determine a blood alcohol concentration or content (BAC). The question of whether and how the police may take the accused DUI driver's blood has been considered by the United States Supreme Court in the last few years.
In some circumstances Driving Under the Influence of drugs or alcohol or DUI can be charged as a Felony DUI. DUI sometimes also referred to as DWI is an offense that can carry enhanced penalties both by the number of convictions and the severity of the bodily injury to another.
In Florida when a person is suspected of DUI Manslaughter or DUI causing serious bodily injury the police can use reasonable force to get a blood sample to test. A blood test can only be obtained when there is probable cause to believe the driver is under the influence and caused a serious bodily injury or death. This includes serious bodily injury to the driver. Law enforcement DOES NOT have authority to force a blood test or blood draw in a plain DUI, DUI with property damage or DUI with bodily injury.
Recently I took a Reckless Driving with Property Damage case to trial. Reckless Driving is a criminal traffic offense. Recklessness requires the State to prove a willful and wanton driving pattern likely to cause damage. Furthermore, Reckless Driving is needed to prove Vehicular Homicide, but not DUI Manslaughter. Careless driving is a civil citation, see my blog on the difference between reckless driving and careless driving for more.