Breath, Blood & Urine Testing

When can police get a warrant for my blood?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
When they can establish probable cause to a judge that evidence of impairment will be found — which in practice happens most often in serious injury and fatality cases.

The mechanics are the same as any other warrant. An officer prepares an affidavit setting out the facts supporting probable cause, presents it to a judge, and the judge decides whether to authorize the draw. Electronic and telephonic warrants have made this fast enough that the old dissipation-of-alcohol argument for skipping the warrant carries less weight than it once did.

What's in the affidavit matters enormously and often goes unexamined. It's a sworn document written under time pressure, and it can contain assertions that the body cam contradicts, facts stated more strongly than the officer's own report supports, or omissions of information that cut the other way.

If a warrant was obtained in your case, that affidavit is obtainable. Reading it against the rest of the record is one of the more productive things a defense attorney does in a serious DUI case.

Bring the paperwork — the answer is usually in a document somebody already has. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.