DUI Suspect Appeals Police Use Of Forced Blood Test
Friday, September 23, 2005
PALM BAY, Fla. -- A man accused of driving drunk in Brevard County is appealing police use of a forced blood test.
Tony Isley refused a breathalyzer test during a traffic stop in Palm Bay. So police got a search warrant on the spot to take a sample of his blood.Currently, the only forced blood tests happen when there's a crash with injuries. Prosecutors said there was nothing in current law that would not allow forced blood tests, even if officers had to restrain the suspect."The alcohol is actually the property being used to commit the DUI,"said prosecutor Samantha Barrett.If the appeals court upholds the method, it could be used all over Florida.Currently Indiana, Missouri, and Texas use it, and the method has withstood appeals.
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