Follow us on

Wednesday, June 19, 2013 | 7:53 a.m.

Updated: 7:05 a.m. Friday, Sept. 23, 2005 | Posted: 7:05 a.m. Friday, Sept. 23, 2005

DUI Suspect Appeals Police Use Of Forced Blood Test

PALM BAY, Fla. —

A man accused of driving drunk in Brevard County is appealing police use of a forced blood test.

Email News Sign-Up Multiple Choices - Auto sign-up (RIGHT ALIGN) GET WFTV NEWS HEADLINES BY EMAIL 9 a.m. Headlines Noon Headlines 4 p.m. Headlines News of the Strange Breaking News Alerts 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.

More News

 
Featured Articles
Ads By Google