Florida Statute 316.1933 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.—

(1)(a) If a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person’s blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances as set forth in s. 877.111 or any substance controlled under chapter 893. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner. Notwithstanding s. 316.1932, the testing required by this paragraph need not be incidental to a lawful arrest of the person.

(b) The term “serious bodily injury” means an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(2)(a) Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances or controlled substances therein. However, 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of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes.

1. Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, if a health care provider, who is providing medical care in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a result of any blood test performed in the course of that medical treatment, that the person’s blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193(1)(b), the health care provider may notify any law enforcement officer or law enforcement agency. Any such notice must be given within a reasonable time after the health care provider receives the test result. Any such notice shall be used only for the purpose of providing the law enforcement officer with reasonable cause to request the withdrawal of a blood sample pursuant to this section.

2. The notice shall consist only of the name of the person being treated, the name of the person who drew the blood, the blood-alcohol level indicated by the test, and the date and time of the administration of the test.

3. Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice act affects the authority to provide notice under this section, and the health care provider is not considered to have breached any duty owed to the person under s. 395.3025(4), s. 456.057, or any applicable practice act by providing notice or failing to provide notice. It shall not be a breach of any ethical, moral, or legal duty for a health care provider to provide notice or fail to provide notice.

4. A civil, criminal, or administrative action may not be brought against any person or health care provider participating in good faith in the provision of notice or failure to provide notice as provided in this section. Any person or health care provider participating in the provision of notice or failure to provide notice as provided in this section shall be immune from any civil or criminal liability and from any professional disciplinary action with respect to the provision of notice or failure to provide notice under this section. Any such participant has the same immunity with respect to participating in any judicial proceedings resulting from the notice or failure to provide notice.

(b) A chemical analysis of the person’s blood to determine the alcoholic content thereof must have been performed substantially in accordance with methods approved by the Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. The Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualifications and competence of individuals to conduct such analyses, and issue permits that are subject to termination or revocation at the discretion of the department. Any insubstantial differences between approved methods or techniques and actual testing procedures, or any insubstantial defects concerning the permit issued by the department, in any individual case, shall not render the test or test results invalid.

(c) No hospital, clinical laboratory, medical clinic, or similar medical institution or physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer shall incur any civil or criminal liability as a result of the withdrawal or analysis of a blood specimen pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted administration of the test.

(3)(a) Any criminal charge resulting from the incident giving rise to the officer’s demand for testing shall be tried concurrently with a charge of any violation arising out of the same incident, unless, in the discretion of the court, such charges should be tried separately. If such charges are tried separately, the fact that such person refused, resisted, obstructed, or opposed testing shall be admissible at the trial of the criminal offense which gave rise to the demand for testing.

(b) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(4) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 316.193 upon request for such information.

History.—s. 4, ch. 82-155; s. 19, ch. 83-215; s. 4, ch. 84-359; s. 16, ch. 86-296; s. 4, ch. 88-5; s. 3, ch. 91-255; s. 21, ch. 92-58; s. 3, ch. 93-124; s. 315, ch. 95-148; s. 2, ch. 98-27; s. 7, ch. 2000-160; s. 3, ch. 2002-263.

F.S. 316.1933 on Google Scholar

F.S. 316.1933 on CourtListener

Amendments to 316.1933

Annotations, Discussions, Cases:

Cases Citing Statute 316.1933

Total Results: 105

Robertson v. State

604 So. 2d 783, 1992 WL 163957

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686306

Cited 45 times | Published

with the approved methods contemplated by section 316.1933 be conducted under the supervision of a permittee

Standard Jury Instructions

723 So. 2d 123

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1319450

Cited 40 times | Published

controlled substance under Florida law. F.S. F.S. 316.1933 "Serious bodily injury" means a physical

In Re Standard Jury Instructions in Criminal Cases—Report No. 2008-08

6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1665876

Cited 34 times | Published

is a controlled substance under Florida law. § 316.1933, Fla._Stat. "Serious bodily injury" means a physical

State v. Miles

775 So. 2d 950, 2000 WL 1752199

Supreme Court of Florida | Filed: Nov 30, 2000 | Docket: 1667876

Cited 28 times | Published

him to submit to a blood draw pursuant to section 316.1933, Florida Statutes (1995). He was charged with

State v. Bodden

877 So. 2d 680, 2004 WL 792826

Supreme Court of Florida | Filed: Apr 15, 2004 | Docket: 1285292

Cited 21 times | Published

techniques or methods. (Emphasis supplied.) [11] Section 316.1933 addresses the right to use reasonable force

Jackson v. State

456 So. 2d 916

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 1446592

Cited 18 times | Published

faculties *918 were impaired by alcohol; (b) section 316.1933(1), Florida Statutes (1982 Supp.), violates

State v. Brigham

694 So. 2d 793, 1997 WL 227497

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 1450017

Cited 15 times | Published

meaning of another section of the DUI statute, Section 316.1933(1), Florida Statutes (1985). This section

State v. Slaney

653 So. 2d 422, 1995 WL 119071

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 551966

Cited 13 times | Published

to obtaining a breath or urine withdrawal. Section 316.1933(1) provides that a law enforcement officer

State v. Murray

51 So. 3d 593, 2011 Fla. App. LEXIS 26, 2011 WL 42890

District Court of Appeal of Florida | Filed: Jan 7, 2011 | Docket: 2407618

Cited 9 times | Published

316.1932(1)(c), Florida Statutes (2007), and section 316.1933(1)(a), Florida Statutes (2007), are not implicated

Cameron v. State

804 So. 2d 338, 2001 WL 803716

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 1334788

Cited 9 times | Published

[3] Section 327.352(3) is a carbon copy of section 316.1933(4), applicable to motor vehicle operators

State v. Kliphouse

771 So. 2d 16, 2000 WL 1397471

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1701142

Cited 9 times | Published

blood sample is set forth in Florida Statutes section 316.1933(1) (1997). This section authorizes a blood

Michie v. State

632 So. 2d 1106, 1994 WL 63495

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 1514061

Cited 9 times | Published

adopted by HRS pursuant to the mandate of section 316.1933(2)(b), Florida Statutes (1991).[2] In light

Mehl v. State

632 So. 2d 593, 1993 WL 365850

Supreme Court of Florida | Filed: Sep 16, 1993 | Docket: 462776

Cited 9 times | Published

blood sample instead was taken pursuant to section 316.1933; and that the presumption of admissibility

State v. Weitz

500 So. 2d 657, 12 Fla. L. Weekly 104

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1689616

Cited 9 times | Published

administered in accordance with § 316.1932 or § 316.1933 and this section shall be admissible into evidence

Cox v. State

473 So. 2d 778, 10 Fla. L. Weekly 1931

District Court of Appeal of Florida | Filed: Aug 7, 1985 | Docket: 451734

Cited 9 times | Published

and seizure; and (3) unconstitutionality of section 316.1933, Florida Statutes (1983), insofar as it permits

State v. Miles

732 So. 2d 350, 1999 WL 30362

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 460490

Cited 8 times | Published

preservation of blood samples drawn pursuant to section 316.1933, Florida Statutes (1995), adequately protects

State v. Wenger

560 So. 2d 347, 1990 WL 51700

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 2570977

Cited 8 times | Published

alcohol content pursuant to section 316.1932 or section 316.1933, Florida Statutes (1987). After hearing reports

State v. Young

483 So. 2d 31

District Court of Appeal of Florida | Filed: Dec 26, 1985 | Docket: 104583

Cited 8 times | Published

to the administration of the blood test. See § 316.1933(1), Fla. Stat. (1983). [3] We do not decide

State v. Brown

725 So. 2d 441, 1999 WL 49135

District Court of Appeal of Florida | Filed: Feb 5, 1999 | Docket: 1688930

Cited 7 times | Published

not properly taken and tested pursuant to section 316.1933(1). We reverse. The suppression ruling came

Gulley v. State

501 So. 2d 1388, 12 Fla. L. Weekly 507

District Court of Appeal of Florida | Filed: Feb 11, 1987 | Docket: 1527651

Cited 7 times | Published

clinical laboratory technician," as required by Section 316.1933(2)(a), Florida Statutes (Supp. 1982); and

Beasley v. Mitel of Delaware

449 So. 2d 365

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 1325468

Cited 7 times | Published

concur. NOTES [1] See § 316.1933(2)(a), Florida Statutes. [2] See § 316.1933(2)(b), Florida Statutes

Beasley v. Mitel of Delaware

449 So. 2d 365

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 1325468

Cited 7 times | Published

concur. NOTES [1] See § 316.1933(2)(a), Florida Statutes. [2] See § 316.1933(2)(b), Florida Statutes

State v. Geiss

70 So. 3d 642, 2011 Fla. App. LEXIS 11414, 2011 WL 2097694

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 441279

Cited 6 times | Published

that the blood draw was not authorized by section 316.1933(l)(a), which mandates that a police officer

State v. McInnis

581 So. 2d 1370, 1991 WL 99924

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 1283631

Cited 6 times | Published

withdrawn his consent to such a test... . [9] Section 316.1933(1), Florida Statutes (1989) provides: (1)

Chu v. State

521 So. 2d 330, 1988 WL 18687

District Court of Appeal of Florida | Filed: Mar 9, 1988 | Docket: 1703600

Cited 6 times | Published

be performed in a reasonable manner. [2] Section 316.1933(1) provides: (1) Notwithstanding any recognized

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

under Florida law. § 877.111(1), Fla. Stat. § 316.1933, Fla. Stat. Serious bodily injury means a physical

DEPT. OF HIGHWAY SAFETY v. Clark

974 So. 2d 416, 2007 WL 2609500

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 1717377

Cited 5 times | Published

(medical condition precludes breath test) or section 316.1933(1) (impaired driver caused serious injury

State v. Manney

723 So. 2d 928, 1999 WL 12700

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1693537

Cited 5 times | Published

any person. Pursuant to Florida Statutes, Section 316.1933, I request the ORLANDO REGIONAL HEALTHCARE

State v. Burke

599 So. 2d 1339, 1992 WL 98795

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 1483867

Cited 5 times | Published

Statutes (1977) (now section 316.1932 and section 316.1933, Florida Statutes (1991)), the state was required

State v. Serrago

875 So. 2d 815, 2004 WL 1474490

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 2535447

Cited 4 times | Published

that the blood draw was not authorized by section 316.1933(1) because that statute did not apply to the

State v. Catt

839 So. 2d 757, 2003 WL 202259

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 1707917

Cited 4 times | Published

results of a blood draw taken pursuant to section 316.1933, Florida Statutes (2001). Because the trial

Thomas v. State

820 So. 2d 382, 2002 WL 1058454

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 1362406

Cited 4 times | Published

specifically requesting a blood draw pursuant to section 316.1933(1), does not warrant exclusion of the medical

Baber v. State

738 So. 2d 379, 24 Fla. L. Weekly Fed. D 1478

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1502971

Cited 4 times | Published

enforcement are admissible where the requirements of section 316.1933, Florida Statutes are not met. If a blood

State v. Cesaretti

632 So. 2d 1105, 1994 WL 60844

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 2560176

Cited 4 times | Published

bodily injury", may request a blood test. Section 316.1933(1), Florida Statutes. In Jackson v. State

Carbone v. State

564 So. 2d 1253, 1990 WL 111958

District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 1294364

Cited 4 times | Published

BODILY INJURIES WITHIN THE MEANING OF FLORIDA STATUTE 316.1933(1) WHERE HE IS INFORMED BY PARAMEDICS

State v. Burnett

536 So. 2d 375, 1988 WL 139111

District Court of Appeal of Florida | Filed: Dec 30, 1988 | Docket: 1758843

Cited 4 times | Published

above. The second occasion is described in section 316.1933(1)[3] which authorizes a blood test where

State v. Perez

531 So. 2d 961, 1988 WL 103829

Supreme Court of Florida | Filed: Oct 6, 1988 | Docket: 544062

Cited 4 times | Published

THE DRIVER TO SUBMIT TO A BLOOD TEST UNDER SECTION 316.1933(1) EVEN THOUGH THE DRIVER OBJECTS THERETO

State v. Quartararo

522 So. 2d 42, 1988 WL 5109

District Court of Appeal of Florida | Filed: Jan 27, 1988 | Docket: 1191150

Cited 4 times | Published

withdrawn by a person not authorized to do so by section 316.1933, Florida Statutes (Supp. 1986). That statute

Dorman v. State

492 So. 2d 1160, 11 Fla. L. Weekly 1755

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 478167

Cited 4 times | Published

evidence at trial. In this, the court erred. Section 316.1933(1), Florida Statutes (1985), provides that

Robinson v. State

982 So. 2d 1260, 2008 WL 2228680

District Court of Appeal of Florida | Filed: Jun 2, 2008 | Docket: 1206456

Cited 3 times | Published

results, notwithstanding the duty imposed by section 316.1933(1)(a), Florida Statutes (2003), when there

State v. Eaton

868 So. 2d 650, 2004 WL 535283

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 1510578

Cited 3 times | Published

the request of law enforcement pursuant to section 316.1933, Florida Statutes (2002). Because the results

Williams v. State

731 So. 2d 48, 1999 WL 147307

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 1408536

Cited 3 times | Published

blood drawn from the appellant in violation of section 316.1933, Florida Statutes. II. Whether the trial court

Gerlitz v. State

725 So. 2d 393, 1998 WL 889257

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1294004

Cited 3 times | Published

court's denial of the motion to suppress. Section 316.1933(1), Florida Statutes (1997), permits blood

State v. Rivas-Marmol

679 So. 2d 808, 1996 WL 425677

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 2491351

Cited 3 times | Published

injury or death, the blood test provisions of section 316.1933, Florida Statutes, become available. There

Hopkins v. State

608 So. 2d 33, 1992 WL 170976

District Court of Appeal of Florida | Filed: Aug 24, 1992 | Docket: 1449059

Cited 3 times | Published

Department of Health and Rehabilitative Services. § 316.1933(2)(b), Fla. Stat. (1982 Supp.). After the state

Keeton v. State

525 So. 2d 912, 1988 WL 36051

District Court of Appeal of Florida | Filed: Apr 20, 1988 | Docket: 1304748

Cited 3 times | Published

Waters lacked probable cause to order the test. Section 316.1933(1), Florida Statutes (1985), provides: [I]f

White v. State

492 So. 2d 1163, 11 Fla. L. Weekly 1578

District Court of Appeal of Florida | Filed: Jul 18, 1986 | Docket: 1518616

Cited 3 times | Published

had a couple of beers. The state relied upon Section 316.1933(1), Florida Statutes (Supp. 1984) for authority

Luis A. Montes-Valeton v. State of Florida

216 So. 3d 475, 42 Fla. L. Weekly Supp. 210, 2017 WL 728097, 2017 Fla. LEXIS 373

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609131

Cited 2 times | Published

probable cause to extract blood from him under section 316.1933, Florida Statutes (2008). The State countered

Bruch v. State

954 So. 2d 1242, 2007 WL 1202261

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1165091

Cited 2 times | Published

by the Florida Department of Law Enforcement. § 316.1933(2)(b), Fla. Stat. (2006). The blood-alcohol evidence

Rodriguez v. State

837 So. 2d 478, 2002 WL 31875012

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1527448

Cited 2 times | Published

impaired. As such, a blood draw was ordered. See § 316.1933(1), Fla. Stat. (2000). Trooper Kline testified

Dodge v. State

805 So. 2d 990, 2001 WL 1566929

District Court of Appeal of Florida | Filed: Dec 6, 2001 | Docket: 1242329

Cited 2 times | Published

process by which a person's blood is analyzed. See § 316.1933(2)(b), Fla. Stat. (2000). Compliance with the

Galgano v. Buchanan

783 So. 2d 302

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1259178

Cited 2 times | Published

cause "serious bodily injury" as defined in section 316.1933(1)[1]. While Buchanan suffered a broken leg

Henninger v. State

667 So. 2d 488, 1996 WL 44719

District Court of Appeal of Florida | Filed: Feb 6, 1996 | Docket: 159984

Cited 2 times | Published

compliance with approved methods as required by section 316.1933(2)(b), Florida Statutes (1993). We must reverse

State v. Mehl

602 So. 2d 1383, 1992 WL 200360

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 2532416

Cited 2 times | Published

or urine test is impractical or impossible. Section 316.1933 provides that if a law enforcement officer

State v. Silver

498 So. 2d 580, 11 Fla. L. Weekly 2514

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 1335482

Cited 2 times | Published

(Emphasis added.) Id. at 917 (footnote omitted). Section 316.1933(1) Florida Statutes (1983) provides: Notwithstanding

State v. Prues

478 So. 2d 1196, 10 Fla. L. Weekly 2679

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 1741660

Cited 2 times | Published

test was properly administered pursuant to section 316.1933, Florida Statutes (1983). That statute provides

Howitt v. State

266 So. 3d 219

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64707670

Cited 1 times | Published

or urine test under section 316.1932 with section 316.1933, the provision for obtaining a blood sample

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-07

192 So. 3d 1190, 2016 WL 2757011

Supreme Court of Florida | Filed: May 12, 2016 | Docket: 3063429

Cited 1 times | Published

law. § 877.111(1), Fla. Stat. § 316.1933, Fla. Stat. Serious bodily injury means

State v. Salle-Green

93 So. 3d 1169, 2012 WL 3138014, 2012 Fla. App. LEXIS 12653

District Court of Appeal of Florida | Filed: Aug 3, 2012 | Docket: 60310473

Cited 1 times | Published

the legal blood alcohol test results under section 316.1933, Florida Statutes (2007). However, the State

Smallridge v. State

904 So. 2d 601, 2005 WL 1420858

District Court of Appeal of Florida | Filed: Jun 20, 2005 | Docket: 1365336

Cited 1 times | Published

noted, a blood draw cannot be demanded under section 316.1933(1)(a), Florida Statutes (2001), unless the

State v. Montello

867 So. 2d 613, 2004 WL 432748

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1386360

Cited 1 times | Published

Department of Law Enforcement.") (emphasis added); § 316.1933(2)(b), Fla. Stat. (2002) ("A chemical analysis

State v. Clarke

834 So. 2d 398, 2003 WL 131624

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 1329353

Cited 1 times | Published

was drawn by a person authorized to do so by section 316.1933, Florida Statutes (1987), and if the State

State v. Johnson

695 So. 2d 771, 1997 WL 199180

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 1522106

Cited 1 times | Published

results of blood tests performed pursuant to section 316.1933 are admissible in any civil or criminal trial

Robertson v. State

569 So. 2d 861, 1990 WL 170567

District Court of Appeal of Florida | Filed: Nov 8, 1990 | Docket: 1190879

Cited 1 times | Published

not certified by HRS as required by statute. Section 316.1933(1), Florida Statutes (1987), provides: (1)

Adams v. State

448 So. 2d 1201

District Court of Appeal of Florida | Filed: Apr 24, 1984 | Docket: 429410

Cited 1 times | Published

vehicle while intoxicated. The new statute, Section 316.1933, Florida Statutes (Supp. 1982), did not become

State of Florida v. George F. Marshall, III

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098951

Published

clarified that “[w]hile Robertson involved section 316.1933(1)(a), the provisions of section 316.1932(1)(a)1

STATE OF FLORIDA v. OSCAR ACEVEDO

District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 66698540

Published

probable cause to compel a blood draw under section 316.1933(1)(a), Florida Statutes (2016). This statute

STATE OF FLORIDA v. ROBERT SEAN SHAUL

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954650

Published

the request of law enforcement pursuant to section 316.1933, Florida Statutes, while the term “medical

YERAL ANDALIA RODRIGUEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706929

Published

defendant to submit to blood testing under section 316.1933, Florida Statutes (2018). Defendant, however

LADIMIR LEKA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280850

Published

objections, including hearsay and violation of section 316.1933(2)(a), Florida Statutes (2018), Officer Alli

Howitt v. State

266 So. 3d 219

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64707672

Published

or urine test under section 316.1932 with section 316.1933, the provision for obtaining a blood sample

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

Florida law. § 877.111(1), Fla. Stat. § 316.1933, Fla. Stat. Serious bodily injury means

John Goodman v. Florida Department of Law Enforcement

238 So. 3d 102

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289806

Published

§§ 316.1932(1)(a) 2., (f)1., Fla. Stat.; § 316.1933(2)(b), Fla. Stat. The delegated authority under

State v. Wade F. Liles

191 So. 3d 484, 2016 WL 1385925

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3054132

Published

warrant requirement. The State argues that section 316.1933(l)(a), Florida Statutes (2011), is a general

State v. John N. Willis

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3054133

Published

warrant requirement. The State argues that section 316.1933(1)(a), Florida Statutes (2011), is a general

State v. Kleiber

175 So. 3d 319, 2015 Fla. App. LEXIS 12527, 2015 WL 4945015

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 60250549

Published

the State’s alleged failure to comply with section 316.1933, Florida Statutes (2010), and Florida Administrative

Montes-Valeton v. State

141 So. 3d 204, 2014 Fla. App. LEXIS 3615, 2014 WL 950153

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60241817

Published

was drawn by a qualified person pursuant to section 316.1933(2)(a), Florida Statutes (2008).1 At trial

Link v. Tucker

870 F. Supp. 2d 1309, 2012 U.S. Dist. LEXIS 61816, 2012 WL 1559702

District Court, N.D. Florida | Filed: May 3, 2012 | Docket: 65982463

Published

maintained in compliance with the mandates of § 316.1933, the State may not avail itself of the presumptions

Palazzotto v. State

988 So. 2d 123, 2008 Fla. App. LEXIS 11437, 2008 WL 2853145

District Court of Appeal of Florida | Filed: Jul 25, 2008 | Docket: 64855375

Published

blood draw pursuant to section 316.1933, Florida Statutes (2004).1 Section 316.1933(l)(a) allows a forcible

State v. Kutik

914 So. 2d 484, 2005 WL 2899325

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1781821

Published

that blood be drawn and tested pursuant to section 316.1933(1), Florida Statutes (2002).[2] Fourteen *485

State v. Schreiber

835 So. 2d 344, 2003 Fla. App. LEXIS 442, 2003 WL 141623

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 64820073

Published

authority to compel Schreiber’s blood pursuant to section 316.1933(1), where the only injury resulting from the

State v. Langsford

816 So. 2d 136, 2002 Fla. App. LEXIS 3939, 2002 WL 460396

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64815033

Published

without her consent on the ground it violated section 316.1933, Florida Statutes (2000). The court certified

Smith v. State

793 So. 2d 1118, 2001 Fla. App. LEXIS 12536, 2001 WL 1013589

District Court of Appeal of Florida | Filed: Sep 6, 2001 | Docket: 64808220

Published

defined in s. 316.1933.” (Emphasis added). Section 316.1933(1), in turn, provides that if a law enforcement

Tillinger v. State

789 So. 2d 1146, 2001 Fla. App. LEXIS 8879, 2001 WL 722091

District Court of Appeal of Florida | Filed: Jun 28, 2001 | Docket: 64806906

Published

are unpersuaded by the state’s argument that section 316.1933, Florida Statutes, permitting an officer to

Jones v. State

774 So. 2d 811, 2000 Fla. App. LEXIS 16845, 2000 WL 1873273

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 64802763

Published

to request a forced blood draw pursuant to section 316.1933(2)(a), Florida Statutes (1995), and in fact

State v. Webb

753 So. 2d 145, 2000 Fla. App. LEXIS 1332, 2000 WL 159151

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 64795787

Published

administered to the appellee motorist pursuant to section 316.1933, Florida Statutes (1995), after she was involved

State v. Henderson

719 So. 2d 1223, 1998 Fla. App. LEXIS 12269, 1998 WL 654085

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 64783947

Published

influence of alcohol, and suppression was proper. Section 316.1933, Florida Statutes (1997), reads in pertinent

State v. Sclafani

704 So. 2d 128, 1997 Fla. App. LEXIS 11542, 1997 WL 640726

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64778247

Published

with HRS’ relevant regulations as adopted by section 316.1933(2)(b). Strong, 504 So.2d at 759, 760; Michie

State v. Banoub

700 So. 2d 44, 1997 Fla. App. LEXIS 10229, 1997 WL 536003

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64776068

Published

have sufficient information to extrapolate. Section 316.1933(1), Florida Statutes (1995), provides that

State v. Durden

655 So. 2d 215, 1995 Fla. App. LEXIS 5737, 1995 WL 322436

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 64756475

Published

the blood test in the first instance” under section 316.1933(1), Florida Statutes (1993).1 Probable cause

State v. McRoberts

621 So. 2d 528, 1993 Fla. App. LEXIS 7311, 1993 WL 247111

District Court of Appeal of Florida | Filed: Jul 9, 1993 | Docket: 64697657

Published

blood was collected and analyzed pursuant to section 316.1933, Florida Statutes (1989). The results indicated

State v. Hill

618 So. 2d 742, 1993 Fla. App. LEXIS 4526, 1993 WL 125113

District Court of Appeal of Florida | Filed: Apr 21, 1993 | Docket: 64696423

Published

that the state substantially complied with section 316.1933(2)(b), Florida Statutes (1991), and the relevant

State v. Buchanon

610 So. 2d 467, 1992 Fla. App. LEXIS 11302, 1992 WL 312752

District Court of Appeal of Florida | Filed: Oct 28, 1992 | Docket: 64692799

Published

Based on this information and pursuant to section 316.1933(1), Florida Statutes (1989), the deputy requested

Kenson v. State

577 So. 2d 694, 1991 Fla. App. LEXIS 3191, 1991 WL 50228

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 64657926

Published

be forced to submit to a blood test under section 316.1933(1), Florida Statutes (1985);1 the court did

New York Life Insurance Co. v. Coll

568 So. 2d 1306, 1990 Fla. App. LEXIS 8170

District Court of Appeal of Florida | Filed: Oct 23, 1990 | Docket: 64654155

Published

probable cause for taking the blood test, see § 316.1933(1), Fla.Stat. (1989), nor alternatively was the

Lawlor v. State

538 So. 2d 86, 14 Fla. L. Weekly 374, 1989 Fla. App. LEXIS 474, 1989 WL 8330

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 64640335

Published

of sentence. The court denied the motion. Section 316.1933, Florida Statutes (1985), provides as to a

State v. Tronolone

532 So. 2d 1127, 13 Fla. L. Weekly 2389, 1988 Fla. App. LEXIS 4720, 1988 WL 110888

District Court of Appeal of Florida | Filed: Oct 25, 1988 | Docket: 64638058

Published

inadmissible, however, the trial court relied on section 316.1933 and on State v. Prues, 478 So.2d 1196 (Fla

Stancato v. State

526 So. 2d 723, 13 Fla. L. Weekly 1185, 1988 Fla. App. LEXIS 2037, 1988 WL 47481

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 64635290

Published

intoxicated caused the other driver’s death, see § 316.1933(1), Fla. Stat. (1985); Jackson v. State, 456

State v. Perez

510 So. 2d 1144, 12 Fla. L. Weekly 1923, 1987 Fla. App. LEXIS 9766

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 64628771

Published

the appellee’s blood was drawn pursuant to section 316.1933, Florida Statutes (1985). That statute provides

Gargone v. State

503 So. 2d 421, 1987 Fla. App. LEXIS 11986, 12 Fla. L. Weekly 673

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625451

Published

Schneider specifically apprised Gargone of section 316.1933(1), Florida Statutes (1983): 316.1933 Blood

State v. Barrett

508 So. 2d 361, 1987 Fla. App. LEXIS 6400, 12 Fla. L. Weekly 307

District Court of Appeal of Florida | Filed: Jan 22, 1987 | Docket: 64627774

Published

beverages and has caused death or serious injury, (section 316.1933(1)) which test need not be incident to arrest

Donovan v. State

488 So. 2d 635, 11 Fla. L. Weekly 1129, 1986 Fla. App. LEXIS 7836

District Court of Appeal of Florida | Filed: May 14, 1986 | Docket: 64619366

Published

police to secure a blood sample was reasonable. Cf § 316.1933, Fla.Stat. (1983). We have considered the other

Good v. State

468 So. 2d 1082, 10 Fla. L. Weekly 1200, 1985 Fla. App. LEXIS 14174

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 64611972

Published

v. State, 456 So.2d 916 (Fla. 1st DCA 1984); § 316.1933(1), Fla.Stat. (1983). Second, the requested jury

State v. Miller

468 So. 2d 1051, 10 Fla. L. Weekly 1156, 1985 Fla. App. LEXIS 13869

District Court of Appeal of Florida | Filed: May 8, 1985 | Docket: 64611968

Published

Florida Statute 316.1932(l)(f)(2) and Florida Statute 316.1933 provide that a paramedic may take a blood

State v. Counts

457 So. 2d 568, 9 Fla. L. Weekly 2151, 1984 Fla. App. LEXIS 15387

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607405

Published

admissibility of blood tests taken pursuant to section 316.-1933(2)(a), Florida Statutes (1983) in criminal

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.