Orlando Woman Arrested on Charges of DUI After Fatal Crash

A 26-year-old woman is facing serious charges after a fatal accident in Orange County. The deadly accident happened around 4 a.m. on South Orange Blossom Trail at Skyview Bridge. The Florida Highway Patrol said the suspect was driving a 2016 Lexus IS south on OBT when a woman was crossing the street. The woman was not in the marked crosswalk. The suspect’s Lexus struck the woman, who was later taken to Orlando Regional Medical Center, where she was pronounced dead, according to Florida Highway Patrol.

Police say that the suspect was not injured in the crash and stayed at the scene. She was arrested on a charge driving under the influence according to troopers. According to the arrest affidavit, the suspect had watery eyes and “seemed to be confused with the events of the crash.” Alcohol bottles were also seen near her vehicle.

Troopers asked the suspect to provide a recorded statement. They said she declined and then also declined to give a blood sample multiple times upon request. She told the police officers that she was “scared of needles.”

Can I refuse a blood test if police suspect me of DUI in Florida? 

A U.S. Supreme Court case (Missouri v. McNeely) addressed this very question. Under the law, police officers must have a valid warrant in the majority of DUI cases to draw blood. This is because drawing blood without a warrant violates the Fourth Amendment in most cases. The Fourth Amendment protects against unreasonable searches and seizures. So, even if the driver refuses, the police must obtain a valid search warrant to draw blood from a DUI suspect.

However, there are some situations in which law enforcement can draw blood without a warrant. These include:

• When the suspect consents – If an officer asks you for your blood, and you say “sure” then the test is considered lawful. Consent must be voluntary, meaning it cannot be forced or coerced through intimidation.

• When the suspect is unconscious – Florida Statutes § 316.1933 states that if a person suspected of DUI is found unconscious or otherwise incapacitated, law enforcement may conduct a nonconsensual blood draw. This happens in cases where the driver is unresponsive or too impaired to make a decision.

• When there is a serious injury or a fatality – When a DUI suspect is involved in an accident that results in serious bodily injury or death, officers are legally allowed to extract a blood sample from the suspect. Florida Statutes § 316.1933(1)(a), which states that if law enforcement has probable cause to believe a driver was intoxicated at the time of a crash involving serious bodily injury or death, a forced blood draw is allowed.

Talk to an Orlando, FL DUI Attorney Today 

FL DUI Group represents the interests of Orlando residents who are facing charges of DUI or DUI-related charges. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin discussing your defense right away.

Source:

clickorlando.com/traffic/2024/12/16/orlando-woman-arrested-on-dui-charge-in-fatal-crash/