THE STATE OF FLORIDA, APPELLANT,
v.
KENNETH BARNES, APPELLEE
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Florida's appellate court reversed suppression of a blood alcohol sample taken from a DUI suspect, holding that the statute's explicit provision allowing admission of blood withdrawn for medical purposes applies even when a non-certified officer requested the test.
Blood alcohol samples withdrawn for medical purposes are admissible under Florida law regardless of whether a certified law enforcement officer requested the withdrawal.
[1] Blood samples withdrawn for medical purposes are admissible in DUI prosecutions even when not requested by a certified law enforcement officer, as the statute explicitly…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the failure of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes”
The court cited this statutory language to explain why the trial court's suppression order was erroneous.
Kenneth Barnes was arrested for driving under the influence, and a blood alcohol sample was taken by a qualified medical person at the request of a Ke…
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PER CURIAM.
This is an appeal by the state from a pretrial order suppressing a blood alcohol sample taken from the defendant Kenneth Barnes in a criminal prosecution for driving under the influence. We reverse the order under review and remand for further proceedings based on the following briefly stated legal analysis.
First, the blood alcohol sample herein was, without dispute, taken from the defendant by a duly qualified medical person under Section 316.1932(l)(f)(2), Florida Statutes (1985), after the defendant was lawfully arrested for driving under the influence.
Second, we assume, without deciding, that the blood sample herein was taken from the defendant at the request of a Key West police officer who, as the trial court found, had only provisional status as a certified law enforcement officer, and, accordingly, was not technically a “law enforcement officer” within the meaning of Section 316.1932(l)(f)(2), Florida Statutes (1985).
Third, the fact that a “law enforcement officer” did not in this case request that the blood sample herein be taken from the defendant as required by Section 316.-1932(l)(f)(2), Florida Statutes (1985), does not, as the trial court concluded, require that the subject blood sample be suppressed. This is so because the above statute specifically provides that “the failure of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes.” § 316.1932(l)(f)(2), Fla.Stat. (1985).
Reversed and remanded.