Florida Statute 316.1933 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.1933

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of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes.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 Casetext

Amendments to 316.1933

Arrestable Offenses / Crimes under Fla. Stat. 316.1933

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1933.

Annotations, Discussions, Cases:

Cases Citing Statute 316.1933

Total Results: 20

STATE OF FLORIDA v. OSCAR ACEVEDO

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-07T00:00:00-07:00

Snippet: probable cause to compel a blood draw under section 316.1933(1)(a), Florida Statutes (2016). This statute requires…probable cause to compel a blood draw under section 316.1933(1). State v. Cesaretti, 632 So. 2d 1105, 1106

Robert Velazco v. State of Florida

Court: Fla. | Date Filed: 2022-06-30T00:53:00-07:00

Snippet: bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable…bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable

STATE OF FLORIDA v. ROBERT SEAN SHAUL

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-02T00:53:00-07:00

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

State of Florida v. Elizabeth Francis Marsh a/k/a Elizabeth Frances Marsh

Court: Fla. | Date Filed: 2020-12-09T23:53:00-08:00

Snippet: Serious bodily injury to another, as defined in s. 316.1933 commits a felony of the third degree, punishable

YERAL ANDALIA RODRIGUEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-01T23:53:00-08:00

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

LADIMIR LEKA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-02T00:53:00-07:00

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

STEVEN PAUL ANDERSON v. MARY MITCHELL

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:53:00-07:00

Snippet: as provided in s. 316.1932 or s. 316.1933 are not confidential and shall be admissible into

Howitt v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-08T00:00:00-08:00

Citation: 266 So. 3d 219

Snippet: urine test under section 316.1932 with section 316.1933, the provision for obtaining a blood sample in

Howitt v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-08T00:00:00-08:00

Citation: 266 So. 3d 219

Snippet: urine test under section 316.1932 with section 316.1933, the provision for obtaining a blood sample in

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

Court: Fla. | Date Filed: 2019-01-04T00:00:00-08:00

Citation: 262 So. 3d 59

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

MICHAEL ANGUILLE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-11T00:53:00-07:00

Snippet: to another, as defined in s. 316.1933, commits a felony of the third degree,

John Goodman v. Florida Department of Law Enforcement

Court: Fla. | Date Filed: 2018-02-01T00:00:00-08:00

Citation: 238 So. 3d 102

Snippet: implied consent law. See §§ 316.1932, 316.1933, 316.1934, Fla. Stat. (2009). One function of … §§ 316.1932(1)(a) 2., (f)1., Fla. Stat.; § 316.1933(2)(b), Fla. Stat. The delegated authority under

Luis A. Montes-Valeton v. State of Florida

Court: Fla. | Date Filed: 2017-02-23T00:00:00-08:00

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

Snippet: cause to extract blood from him under section 316.1933, Florida Statutes (2008). The State countered …submit to the blood draw as required by section 316.1933(l)(a). Montes-Valeton, 141 So.3d at 207. … cause to require the blood draw under section 316.1933(l)(a), neither the implied consent warnings nor…implied consent law consists of sections 316.1932, 316.1933, and 316.1934, Florida Statutes (2008), "

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

Court: Fla. | Date Filed: 2016-05-12T00:00:00-07:00

Citation: 192 So. 3d 1190, 2016 WL 2757011

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

State v. Wade F. Liles

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-08T00:00:00-07:00

Citation: 191 So. 3d 484, 2016 WL 1385925

Snippet: warrant requirement. The State argues that section 316.1933(l)(a), Florida Statutes (2011), is a general exception… and requested blood draws pursuant to section 316.1933(l)(a), Florida Statutes (2011). Both Liles and…properly drawn on the authority found in section 316.1933(l)(a), Florida Statutes (2011), the mandatory …based solely on the officers’ reliance on section 316.1933(1). See McNeely, 133 S.Ct. at 1567 …Following McNeely, we must read section 316.1933, Florida Statutes, as. a directive to law enforcement

State v. John N. Willis

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-04T00:53:00-07:00

Snippet: warrant requirement. The State argues that section 316.1933(1)(a), Florida Statutes (2011), is a general… and requested blood draws pursuant to section 316.1933(1)(a), Florida Statutes (2011). Both Liles and…properly drawn on the authority found in section 316.1933(1)(a), Florida Statutes (2011), the mandatory …courts have consistently recognized that section 316.1933 is part of the trilogy of statutes comprising …offense. § 316.1932, Fla. Stat. (2011). Section 316.1933, Florida Statutes (2011), requires a police officer

State v. Kleiber

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-21T00:00:00-07:00

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

Snippet: State’s alleged failure to comply with section 316.1933, Florida Statutes (2010), and Florida Administrative…obtained by search and seizure). By enacting section 316.1933, the Legislature provided a statutory basis for…693 So.2d 102, 103 (Fla. 5th DCA 1997). Section 316.1933(2)(b), Florida Statutes (2010), provides that …not render the test or test results invalid.” § 316.1933(2)(b), Fla. Stat (2010). Thus, minor deviations… Even if suppression is required under section 316.1933, the State may seek introduction of blood alcohol

Montes-Valeton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-12T00:00:00-07:00

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

Snippet: drawn by a qualified person pursuant to section 316.1933(2)(a), Florida Statutes (2008).1 At trial, defense…based on “improper predicate.” 2 Because section 316.1933 includes many requirements, the lack of specificity…submit to the blood draw as required by section 316.1933(l)(a). As the record reflects that the law enforcement…therefore to request a blood test under section 316.1933(1)); State v. Silver, 498 So.2d 580, 581 (Fla.… role in the conviction). Affirmed. . Section 316.1933(2)(a) provides in relevant part: Only a physician

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

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

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

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

State v. Salle-Green

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-03T00:00:00-07:00

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

Snippet: legal blood alcohol test results under section 316.1933, Florida Statutes (2007). However, the State contended…reconsideration. Legal Blood Test Results Under Section 316.1933 A law enforcement officer may request that a blood… person was driving under the influence, see § 316.1933(l)(a); or (2) a healthcare provider has informed…alcohol level that is over the legal limit, see § 316.1933(2)(a)(l).1 In this case, Trooper Moseley’s testimony… blood be drawn and tested pursuant to section 316.1933(1)). Trooper Moseley testified that he went to