A question for attorneys, or anyone with a basic knowledge in law.

[FLMountainMan]

Originally Posted by BP348

I know in my city they advertise before certain weekends, mostly the big drinking weekends, that between certain dates they can draw blood from any suspected DUI whether you consent or not.

In Florida? You can refuse (and suffer the consequences).

(c) Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible. As used in this paragraph, the term "other medical facility" includes an ambulance or other medical emergency vehicle. The blood test shall be performed in a reasonable manner. Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn his or her consent to such test. A blood test may be administered whether or not the person is told that his or her failure to submit to such a blood test will result in the suspension of the person's privilege to operate a motor vehicle upon the public highways of this state and that a refusal to submit to a lawful test of his or her blood, if his or her driving privilege has been previously suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor. Any person who is capable of refusal shall be told that his or her failure to submit to such a blood test will result in the suspension of the person's privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of the person has been suspended previously as a result of a refusal to submit to such a test or tests, and that a refusal to submit to a lawful test of his or her blood, if his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor. The refusal to submit to a blood test upon the request of a law enforcement officer is admissible in evidence in any criminal proceeding.

 

[henrikc]

You really deserved it, driving with BAC of 0.8‰ is a lot. The limit in Norway is 0.2‰, and I never drive until it's been 12 hours since I consumed alcohol. Might go down to 8 hours if I had a couple of beers, but if I drink half a glass of wine one night, I'm not driving.
Not only do you risk your own life, but the lives of so many others.

(And please, don't come to Norway. You would probably end up in jail for blowing >0.8‰ while driving.)

 

[FLMountainMan]

Originally Posted by henrikc

You really deserved it, driving with BAC of 0.8"° is a lot. The limit in Norway is 0.2"°, and I never drive until it's been 12 hours since I consumed alcohol. Might go down to 8 hours if I had a couple of beers, but if I drink half a glass of wine one night, I'm not driving.
Not only do you risk your own life, but the lives of so many others.

(And please, don't come to Norway. You would probably end up in jail for blowing >0.8"° while driving.)

This post makes me sad.

 

[MrG]

Originally Posted by FLMountainMan

This post makes me sad.

+1

I really can't stand the notion that alcohol must be synonymous with drunken misbehavior. It's the same reason I think open container laws and laws that ban alcohol in public are stupid. Consuming one beer, even if it's in a car or while walking down the street, doesn't automatically make one unsafe of unruly. It really bothers me that the laws in so many jurisdictions fail to recognize this distinction.