Maybe, but it depends on the facts surrounding the DUI arrest.

Section 316.1933, Florida Statutes, requires a person to submit to a blood test where an officer has probable cause (enough evidence to make a reasonable person believe a crime has been committed) to believe that a motor vehicle driven by someone, who is under the influence of alcohol or certain controlled substances, has caused the death or “serious bodily injury” of a human being.  “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.  This law specifically allows law enforcement to use reasonable force, if necessary, to require such person to submit to the administration of the blood test.  Under this law, officers are not allowed to personally draw blood; only qualified hospital staff can do this.   In 2013, the U.S. Supreme Court ruled that police need to obtain a search warrant to obtain a blood draw for D.U.I. arrests unless there is a justified emergency (“exigent circumstances”).[1]  For example, a later Florida court ruling has found an emergency justifying a forced blood draw, when an arrested defendant was taken to the hospital after being involved in an accident causing “serious bodily injury” to another, and law enforcement had concern that the blood alcohol level would decrease before a breath test could be given-  evidence for serious offense would be lost.[2]   This is why the facts of a DUI arrest control whether the police can force a person to give a blood sample.

The police may also request a blood sample from a person being treated at a hospital, if the police have probable cause to believe the person was driving under the influence of alcohol, and the police believe giving the person a breath test is impossible.[3]  This is not a forced blood draw; but this is a police request under Florida’s “implied consent” law.  If the person refuses the request, his/her license will be suspended for 1 year, or 18 months if he/she has refused a test before.

[1] Missouri v. McNeely, 133 S.Ct. 1552 (2013).

[2] State v. Quintanilla, 276 So.3d 941 (Fla. 3d DCA 2019).

[3] §316.1932, Fla. Stat.