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Florida Statute 316.1933 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.1933
316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
(1)(a) If a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person’s blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances as set forth in s. 877.111 or any substance controlled under chapter 893. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner. Notwithstanding s. 316.1932, the testing required by this paragraph need not be incidental to a lawful arrest of the person.
(b) The term “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.
(2)(a) Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances or controlled substances therein. However, the failure of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes.
1. Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, if a health care provider, who is providing medical care in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a result of any blood test performed in the course of that medical treatment, that the person’s blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193(1)(b), the health care provider may notify any law enforcement officer or law enforcement agency. Any such notice must be given within a reasonable time after the health care provider receives the test result. Any such notice shall be used only for the purpose of providing the law enforcement officer with reasonable cause to request the withdrawal of a blood sample pursuant to this section.
2. The notice shall consist only of the name of the person being treated, the name of the person who drew the blood, the blood-alcohol level indicated by the test, and the date and time of the administration of the test.
3. Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice act affects the authority to provide notice under this section, and the health care provider is not considered to have breached any duty owed to the person under s. 395.3025(4), s. 456.057, or any applicable practice act by providing notice or failing to provide notice. It shall not be a breach of any ethical, moral, or legal duty for a health care provider to provide notice or fail to provide notice.
4. A civil, criminal, or administrative action may not be brought against any person or health care provider participating in good faith in the provision of notice or failure to provide notice as provided in this section. Any person or health care provider participating in the provision of notice or failure to provide notice as provided in this section shall be immune from any civil or criminal liability and from any professional disciplinary action with respect to the provision of notice or failure to provide notice under this section. Any such participant has the same immunity with respect to participating in any judicial proceedings resulting from the notice or failure to provide notice.
(b) A chemical analysis of the person’s blood to determine the alcoholic content thereof must have been performed substantially in accordance with methods approved by the Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. The Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualifications and competence of individuals to conduct such analyses, and issue permits that are subject to termination or revocation at the discretion of the department. Any insubstantial differences between approved methods or techniques and actual testing procedures, or any insubstantial defects concerning the permit issued by the department, in any individual case, shall not render the test or test results invalid.
(c) No hospital, clinical laboratory, medical clinic, or similar medical institution or physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer shall incur any civil or criminal liability as a result of the withdrawal or analysis of a blood specimen pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted administration of the test.
(3)(a) Any criminal charge resulting from the incident giving rise to the officer’s demand for testing shall be tried concurrently with a charge of any violation arising out of the same incident, unless, in the discretion of the court, such charges should be tried separately. If such charges are tried separately, the fact that such person refused, resisted, obstructed, or opposed testing shall be admissible at the trial of the criminal offense which gave rise to the demand for testing.
(b) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.
(4) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 316.193 upon request for such information.
History.s. 4, ch. 82-155; s. 19, ch. 83-215; s. 4, ch. 84-359; s. 16, ch. 86-296; s. 4, ch. 88-5; s. 3, ch. 91-255; s. 21, ch. 92-58; s. 3, ch. 93-124; s. 315, ch. 95-148; s. 2, ch. 98-27; s. 7, ch. 2000-160; s. 3, ch. 2002-263.

F.S. 316.1933 on Google Scholar

F.S. 316.1933 on Casetext

Amendments to 316.1933


Arrestable Offenses / Crimes under Fla. Stat. 316.1933
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1933.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HOWITT, v. STATE, 266 So. 3d 219 (Fla. App. Ct. 2019)

. . . enforcement conflated the provision for securing a breath or urine test under section 316.1932 with section 316.1933 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . . § 316.1933, Fla. Stat. . . .

ANGUILLE, v. STATE, 243 So. 3d 410 (Fla. App. Ct. 2018)

. . . Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable . . .

GOODMAN, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 238 So. 3d 102 (Fla. 2018)

. . . See §§ 316.1932, 316.1933, 316.1934, Fla. Stat. (2009). . . . Stat.; § 316.1933(2)(b), Fla. Stat. . . .

A. MONTES- VALETON, v. STATE, 216 So. 3d 475 (Fla. 2017)

. . . motion to suppress because Trooper Molina lacked probable cause to extract blood from him under section 316.1933 . . . influence of alcoholic beverages before requiring him to submit to the blood draw as required by section 316.1933 . . . But because Trooper Molina lacked probable cause to require the blood draw under section 316.1933(l)( . . . The implied consent law consists of sections 316.1932, 316.1933, and 316.1934, Florida Statutes (2008 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 192 So. 3d 1190 (Fla. 2016)

. . . . § 316.1933, Fla. Stat. . . .

STATE v. F. LILES, v., 191 So. 3d 484 (Fla. Dist. Ct. App. 2016)

. . . The State argues that section 316.1933(l)(a), Florida Statutes (2011), is a general exception to the . . . Following McNeely, we must read section 316.1933, Florida Statutes, as. a directive to law enforcement . . . This Court and other Florida courts have consistently recognized that.section 316.1933 is part of the . . . Section 316.1933, Florida Statutes .(2011), requires a police officer to obtain a driver’s blood when . . . The mandate found in section 316.1933 is á directive to law enforcement to perform the test. . . .

STATE v. J. KLEIBER,, 175 So. 3d 319 (Fla. Dist. Ct. App. 2015)

. . . exclude the results of his blood alcohol test based on the State’s alleged failure to comply with section 316.1933 . . . By enacting section 316.1933, the Legislature provided a statutory basis for the admission of blood alcohol . . . Section 316.1933(2)(b), Florida Statutes (2010), provides that “a chemical analysis of a person’s blood . . . techniques . and actual testing procedures, ... shall not render the test or test results invalid.” § 316.1933 . . . Even if suppression is required under section 316.1933, the State may seek introduction of blood alcohol . . .

MONTES- VALETON, v. STATE, 141 So. 3d 204 (Fla. Dist. Ct. App. 2014)

. . . State failed to present evidence that the blood was drawn by a qualified person pursuant to section 316.1933 . . . Because section 316.1933 includes many requirements, the lack of specificity did not put the trial court . . . alcoholic beverages before requiring the defendant to submit to the blood draw as required by section 316.1933 . . . believe the person had committed a DUI offense and therefore to request a blood test under section 316.1933 . . . Section 316.1933(2)(a) provides in relevant part: Only a physician, certified paramedic, registered nurse . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . . § 316.1933, Fla. Stat. . . .

MISSOURI, v. G. McNEELY., 569 U.S. 141 (U.S. 2013)

. . . . § 316.1933(1)(a) (West 2006); Ga.Code Ann. § 40-5-67.1(d), (d.1) (2011); Haw.Rev.Stat. § 291E-15 (2009 . . .

DEPALIS- LACHAUD, v. E. NOEL, L., 505 F. App'x 864 (11th Cir. 2013)

. . . (Florida Statutes § 316.1933(2)(a) allows only certain individuals, including registered nurses, to draw . . . Florida Statutes § 316.1933(l)(a) provides that, if an officer “has probable cause to believe that a . . . Section 316.1933(2)(a) then says that “[o]nly [certain individuals, such as physicians, paramedics, or . . . No party challenges the constitutionality of § 316.1933(i)(a). . See Mehl v. . . . State, 632 So.2d 593, 594-95 (Fla.1993) (recognizing that § 316.1933 is intended to allow police to collect . . .

STATE v. SALLE- GREEN,, 93 So. 3d 1169 (Fla. Dist. Ct. App. 2012)

. . . Legal Blood Test Results Under Section 316.1933 A law enforcement officer may request that a blood test . . . patient’s medical blood test results show a blood alcohol level that is over the legal limit, see § 316.1933 . . . comply with section 395.3025 and did not request that blood be drawn and tested pursuant to section 316.1933 . . . Under section 316.1933(2)(a)(l), Trooper Moseley would have been authorized to request a blood sample . . . Section 316.1933(2)(a)( 1) states the following: [IJf a health care provider, who is providing medical . . .

W. LINK, v. S. TUCKER,, 870 F. Supp. 2d 1309 (N.D. Fla. 2012)

. . . of evidence that the blood sample was collected and maintained in compliance with the mandates of § 316.1933 . . .

STATE v. G. GEISS,, 70 So. 3d 642 (Fla. Dist. Ct. App. 2011)

. . . The trial court also found that the blood draw was not authorized by section 316.1933(l)(a), which mandates . . .

STATE v. L. MURRAY L., 51 So. 3d 593 (Fla. Dist. Ct. App. 2011)

. . . of breath and urine tests, except under the circumstances described in sections 316.1932(l)(c) and 316.1933 . . . limitations on blood testing found in section 316.1932(1)(c), Florida Statutes (2007), and section 316.1933 . . . Likewise, section 316.1933(l)(a), Florida Statutes (2007), expressly authorizes blood tests where an . . . While Robertson involved section 316.1933(1)(a), the provisions of section 316.1932(l)(a)l.a. and (c) . . .

KURECKA, v. STATE v. J., 67 So. 3d 1052 (Fla. Dist. Ct. App. 2010)

. . . See §§ 316.1932, 316.1933, and 316.1934, Fla. Stat.; State v. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 6 So. 3d 574 (Fla. 2009)

. . . . § 316.1933, Fla._Stat. . . .

PALAZZOTTO, v. STATE, 988 So. 2d 123 (Fla. Dist. Ct. App. 2008)

. . . ruling that a law enforcement officer had probable cause to order a blood draw pursuant to section 316.1933 . . . Section 316.1933(l)(a) allows a forcible blood draw after a traffic accident with serious bodily injury . . . KELLY and WALLACE, JJ„ Concur. . 316.1933 Blood test for impairment or intoxication in cases of death . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. FALCONE,, 983 So. 2d 755 (Fla. Dist. Ct. App. 2008)

. . . of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933 . . .

ROBINSON, v. STATE, 982 So. 2d 1260 (Fla. Dist. Ct. App. 2008)

. . . officers who arrested him failed to obtain blood test results, notwithstanding the duty imposed by section 316.1933 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. BOESCH,, 979 So. 2d 1024 (Fla. Dist. Ct. App. 2008)

. . . certainly seems to have known, the separate implied consent statute applicable to blood tests, subsection 316.1933 . . .

STATE v. BUTTOLPH,, 969 So. 2d 1209 (Fla. Dist. Ct. App. 2007)

. . . of a person’s blood or breath to determine its alcoholic content, as authorized by s. 316.1932 or s. 316.1933 . . .

STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. CLARK,, 974 So. 2d 416 (Fla. Dist. Ct. App. 2007)

. . . statutory provisions such as section 316.1932(l)(c) (medical condition precludes breath test) or section 316.1933 . . .

STATE v. DUBIEL,, 958 So. 2d 486 (Fla. Dist. Ct. App. 2007)

. . . use of breath and urine tests, except under circumstances described in sections 316.1932(l)(c) and 316.1933 . . .

BRUCH, v. STATE, 954 So. 2d 1242 (Fla. Dist. Ct. App. 2007)

. . . Stat. (2006) (results of any test administered in compliance with §§ 316.1932 and 316.1933 give rise . . . the tests must comply with regulations promulgated by the Florida Department of Law Enforcement. § 316.1933 . . . The blood-alcohol evidence admitted in this case complied with section 316.1933(2)(b). . . . the statutory presumption of impairment is not available when the State has not complied with section 316.1933 . . .

BELVIN, v. STATE, 922 So. 2d 1046 (Fla. Dist. Ct. App. 2006)

. . . of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933 . . .

STATE v. KUTIK,, 914 So. 2d 484 (Fla. Dist. Ct. App. 2005)

. . . to review the medical records and did not request that blood be drawn and tested pursuant to section 316.1933 . . . Rather than requesting a blood draw pursuant to section 316.1933, Demeu-lenaere requested Kutik’s medical . . . Sections 395.3025 and 316.1933(2)(a) have long been Florida law, and Johnson was decided in 2002. . . . See § 316.1933(1). . . . Section 316.1933(2)(a) states that "the failure of a law enforcement officer to request the withdrawal . . .

SMALLRIDGE, v. STATE, 904 So. 2d 601 (Fla. Dist. Ct. App. 2005)

. . . In fact, as the majority noted, a blood draw cannot be demanded under section 316.1933(1)(a), Florida . . . Although Smallridge lacked the right to refuse the test authorized by section 316.1933(l)(a), he retained . . . in addition to that administered at the direction of a law-enforcement official pursuant to section 316.1933 . . .

GURRY, v. DEPARTMENT OF HIGHWAY SAFETY,, 902 So. 2d 881 (Fla. Dist. Ct. App. 2005)

. . . of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or. s. 316.1933 . . .

STATE v. SERRAGO,, 875 So. 2d 815 (Fla. Dist. Ct. App. 2004)

. . . We believe that the factual circumstances here require the application of section 316.1933. . . . This placed the case squarely within the intended purview of section 316.1933(1). . . . The trial court offered two reasons that section 316.1933(1) did not apply to the instant case. . . . However, nothing in section 316.1933(1) refers to the driver’s consciousness. . . . We therefore conclude that section 316.1933 applies, that the requirements of section 316.1933 have been . . .

STATE v. BODDEN,, 877 So. 2d 680 (Fla. 2004)

. . . Finally, sections 316.1933(2)(b) and 316.1934(3) both provide that chemical analysis of a person’s blood . . . Section 316.1933 addresses the right to use reasonable force when conducting blood tests for impairment . . .

STATE v. A. EATON,, 868 So. 2d 650 (Fla. Dist. Ct. App. 2004)

. . . Evidently, there was a second blood draw taken at the request of law enforcement pursuant to section 316.1933 . . .

STATE v. MONTELLO P., 867 So. 2d 613 (Fla. Dist. Ct. App. 2004)

. . . (emphasis added); § 316.1933(2)(b), Fla. . . .

SCHOFIELD, v. STATE, 867 So. 2d 446 (Fla. Dist. Ct. App. 2004)

. . . of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933 . . .

McGHEE, v. STATE, 847 So. 2d 498 (Fla. Dist. Ct. App. 2003)

. . . Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable . . .

STATE v. CATT,, 839 So. 2d 757 (Fla. Dist. Ct. App. 2003)

. . . order granting Tammy Catt’s motion to suppress the results of a blood draw taken pursuant to section 316.1933 . . . child was airlifted from the scene, the police ordered blood to be drawn from Catt pursuant to section 316.1933 . . . Section 316.1933(1), which provides for compelled blood draws under certain circumstances, states in . . . Brown, 725 So.2d 441 (Fla. 5th DCA 1999) (noting that “under the influence” in section 316.1933 means . . . probable cause to believe that the accident had caused serious bodily injuries as defined by section 316.1933 . . .

STATE v. SCHREIBER,, 835 So. 2d 344 (Fla. Dist. Ct. App. 2003)

. . . sample of her blood; however, he did not read her her rights under the Implied Consent Law, §§ 316.1932, 316.1933 . . . Furthermore, we hold Officer Seltzer lacked authority to compel Schreiber’s blood pursuant to section 316.1933 . . . operation of the motor vehicle had resulted in the “death or serious bodily injury of a human being.” § 316.1933 . . . State, 725 So.2d 393 (Fla. 4th DCA 1998)(compelled blood provisions of section 316.1933(1) applicable . . . or her normal faculties, the results of any test administered in accordance with s. 316.1932 or s. 316.1933 . . .

STATE v. E. CLARKE,, 834 So. 2d 398 (Fla. Dist. Ct. App. 2003)

. . . expert may be admitted into evidence if the blood was drawn by a person authorized to do so by section 316.1933 . . .

RODRIGUEZ, v. STATE, 837 So. 2d 478 (Fla. Dist. Ct. App. 2002)

. . . See § 316.1933(1), Fla. Stat. (2000). . . . Probable cause for a blood draw pursuant to section 316.1933, clearly was established by the information . . .

A. THOMAS, v. STATE, 820 So. 2d 382 (Fla. Dist. Ct. App. 2002)

. . . the course of Thomas’s treatment, instead of specifically requesting a blood draw pursuant to section 316.1933 . . . And, pursuant to section 316.1933(2)(a), “the failure of a law enforcement officer to request the withdrawal . . . concluded that the officer did not have probable cause to request a blood test pursuant to section 316.1933 . . .

STATE v. LANGSFORD,, 816 So. 2d 136 (Fla. Dist. Ct. App. 2002)

. . . results of a blood test conducted upon appellee without her consent on the ground it violated section 316.1933 . . . Appellee moved to suppress the blood test because it was taken in violation of section 316.1933. . . . Indeed, it is the established law of this state that Florida’s implied consent statutes [§§ 316.1932, 316.1933 . . . has done through the enactment of section 322.261, Florida Statutes (1975) [now sections 316.1932, 316.1933 . . . "F.S. 316.1932, F.S. 316.1933, F.S. 316.1934, (2000).” . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SILVA,, 806 So. 2d 551 (Fla. Dist. Ct. App. 2002)

. . . The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 . . .

S. DODGE, v. STATE, 805 So. 2d 990 (Fla. Dist. Ct. App. 2001)

. . . See §§ 316.1932, 316.1933, Fla. Stat. (2000)(the Implied Consent Statute). . . . See § 316.1933(2)(b), Fla. Stat. (2000). . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. K. DEHART,, 799 So. 2d 1079 (Fla. Dist. Ct. App. 2001)

. . . of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933 . . .

TYNER, v. STATE, 805 So. 2d 862 (Fla. Dist. Ct. App. 2001)

. . . were not obtained in accordance with the core policies of the implied consent law, sections 316.1932, 316.1933 . . .

S. SMITH, v. STATE, 793 So. 2d 1118 (Fla. Dist. Ct. App. 2001)

. . . influence and cause, as the result of such operation, “[sjerious bodily injury to another, as defined in s. 316.1933 . . . Section 316.1933(1), in turn, provides that if a law enforcement officer has probable cause to believe . . . This amendment was apparently a legislative response to appellate decisions interpreting section 316.1933 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. RUSSELL,, 793 So. 2d 1073 (Fla. Dist. Ct. App. 2001)

. . . of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. L. MOWRY,, 794 So. 2d 657 (Fla. Dist. Ct. App. 2001)

. . . of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933 . . .

CAMERON, v. STATE, 804 So. 2d 338 (Fla. Dist. Ct. App. 2001)

. . . Section 327.352(3) is a carbon copy of section 316.1933(4), applicable to motor vehicle operators. . . . .

TILLINGER, v. STATE, 789 So. 2d 1146 (Fla. Dist. Ct. App. 2001)

. . . We are unpersuaded by the state’s argument that section 316.1933, Florida Statutes, permitting an officer . . .

GALGANO A- a v. BUCHANAN,, 783 So. 2d 302 (Fla. Dist. Ct. App. 2001)

. . . infraction which results in an accident that causes “serious bodily injury” of another as defined in s. 316.1933 . . . yield the right-of-way did not result in death or cause “serious bodily injury” as defined in section 316.1933 . . . permanent impairment, his injury did not amount to a “serious bodily injury” as defined in section 316.1933 . . . Section 316.1933(1) involves a blood test for impairment or intoxication in cases of death or serious . . .

JONES, v. STATE, 774 So. 2d 811 (Fla. Dist. Ct. App. 2000)

. . . Jones, the police had no probable cause on which to request a forced blood draw pursuant to section 316.1933 . . .

STATE v. MILES,, 775 So. 2d 950 (Fla. 2000)

. . . the law enforcement officers at the scene required him to submit to a blood draw pursuant to section 316.1933 . . . The court recognized that section 316.1933(2)(b), Florida Statutes (1995), authorizes that the FDLE approve . . . See §§ 316.1932, 316.1933, 316.1934, Fla. Stat. (1995). . . . Hence, section 316.1933(2)(b), Florida Statutes, provides: A chemical analysis of the person’s blood . . . or her normal faculties, the results of any test administered in accordance with s. 316.1932 or s. 316.1933 . . .

STATE v. KLIPHOUSE,, 771 So. 2d 16 (Fla. Dist. Ct. App. 2000)

. . . The situation presented in this case does not fall within section 316.1933(1), because, as the parties . . . In Brown, the defendant’s blood was tested under section 316.1933(1), because" the officer believed that . . . The court stated: The purpose of the blood test taken under section 316.1933(1) is to aid in determining . . . Unlike section 316.1933(1), the section applicable to the blood draw herein, section 316.1932(l)(c), . . . Without the additional “causing serious injury” factor found in section 316.1933(1), this statute does . . . See §§ 316.1932 and 316.1933, Fla. Stat. (1999). . . . evident from a comparison of the two implied consent statutes— viz., section 316.1932(1)(c) and section 316.1933 . . . Section 316.1933(1) is the statute involved in State v. . . . Section 316.1933(1) is restricted to cases of death or serious injury and provides that an officer may . . .

STATE v. WEBB,, 753 So. 2d 145 (Fla. Dist. Ct. App. 2000)

. . . suppressing the results of a blood alcohol test administered to the appellee motorist pursuant to section 316.1933 . . . Section 316.1933(1) provides that if a law enforcement officer has probable cause to believe a motor . . . appel-lee’s blood alcohol test was not ordered in accordance with the statutory requirements of section 316.1933 . . .

C. BABER, III, v. STATE, 738 So. 2d 379 (Fla. Dist. Ct. App. 1999)

. . . blood samples taken at the request of law enforcement are admissible where the requirements of section 316.1933 . . .

H. WILLIAMS, v. STATE, 731 So. 2d 48 (Fla. Dist. Ct. App. 1999)

. . . evidence the results of blood tests obtained from blood drawn from the appellant in violation of section 316.1933 . . . Section 316.1933(1), Florida Statutes (1995), provides in pertinent part: [I]f a law enforcement officer . . . at the scene, at the request of Corporal Carlock, did not meet the statutory requirements of section 316.1933 . . . probable cause specifically as to appellant alone as the driver, the blood drawn pursuant to section 316.1933 . . . he was the only one who committed the crime before they could obtain his blood sample under section 316.1933 . . .

STATE v. BROWN,, 725 So. 2d 441 (Fla. Dist. Ct. App. 1999)

. . . ’s car and a bicyclist and thus Brown’s blood was not properly taken and tested pursuant to section 316.1933 . . . testimony that although he thought he had probable cause to order the blood draw pursuant to section 316.1933 . . . Section 316.1933(1) provides in pertinent part: [I]f a law enforcement officer has probable cause to . . . alcohol to be deemed “under the influence” or impaired to an appreciable degree pursuant to section 316.1933 . . . hold that the results of Brown’s blood test is and should have been admissible at trial under section 316.1933 . . .

STATE v. MILES,, 732 So. 2d 350 (Fla. Dist. Ct. App. 1999)

. . . “The implied consent law.consists of sections 316.1932, 316.1933, and 316.1934, Florida Statutes, which . . . test results was whether the rule relating to preservation of blood samples drawn pursuant to section 316.1933 . . . ENFORCEMENT ’TO ADOPT RULES PERTAINING TO THE PRESERVATION OF BLOOD SAMPLES TAKEN PURSUANT TO SECTION 316.1933 . . .

STATE v. MANNEY,, 723 So. 2d 928 (Fla. Dist. Ct. App. 1999)

. . . Pursuant to Florida Statutes, Section 316.1933, I request the ORLANDO REGIONAL HEALTHCARE SYSTEM, its . . .

GERLITZ, v. STATE, 725 So. 2d 393 (Fla. Dist. Ct. App. 1998)

. . . Section 316.1933(1), Florida Statutes (1997), permits blood to be drawn when a law enforcement officer . . . The trial court’s express findings of fact support a finding of probable cause under section 316.1933 . . .

STATE v. A. HENDERSON,, 719 So. 2d 1223 (Fla. Dist. Ct. App. 1998)

. . . Section 316.1933, Florida Statutes (1997), reads in pertinent part: 316.1933 Blood Test for Impairment . . .

EUCEDA, v. STATE, 711 So. 2d 122 (Fla. Dist. Ct. App. 1998)

. . . Serious bodily injury to another, as defined in s. 316.1933, is guilty of a felony of the third degree . . .

WILLIAMS, v. STATE, 710 So. 2d 24 (Fla. Dist. Ct. App. 1998)

. . . or her normal faculties, the results of any test administered in accordance with s. 316.1932 or s. 316.1933 . . .

STATE v. SCLAFANI,, 704 So. 2d 128 (Fla. Dist. Ct. App. 1997)

. . . focuses on the state’s substantial compliance with HRS’ relevant regulations as adopted by section 316.1933 . . .

STATE v. RUTHERFORD,, 707 So. 2d 1129 (Fla. Dist. Ct. App. 1997)

. . . blood tests where a DUI prosecution is involved, the majority recognizes that section 316.1932(l)(e) or 316.1933 . . . In another case, however, where section 316.1932 or 316.1933 blood samples were not obtained, the state . . . breath and requested that a blood sample be taken from him pursuant to either section 316.1932(l)(c) or 316.1933 . . .

STATE v. S. BANOUB,, 700 So. 2d 44 (Fla. Dist. Ct. App. 1997)

. . . Section 316.1933(1), Florida Statutes (1995), provides that, if a law enforcement officer has probable . . . reasoning underlying the trial court’s ruling is set out in the order as follows: Florida Statute Sec. 316.1933 . . .

STATE v. IRIZARRY,, 698 So. 2d 912 (Fla. Dist. Ct. App. 1997)

. . . of a person’s blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933 . . .

STATE v. LINE,, 698 So. 2d 318 (Fla. Dist. Ct. App. 1997)

. . . Serious bodily injury to another, as defined in s. 316.1933, is guilty of a felony of the third degree . . .

STATE v. BRIGHAM,, 694 So. 2d 793 (Fla. Dist. Ct. App. 1997)

. . . .1988), the supreme court was concerned with the meaning of another section of the DUI statute, Section 316.1933 . . .

STATE v. JOHNSON, Jr., 695 So. 2d 771 (Fla. Dist. Ct. App. 1997)

. . . Section 316.1934(2) provides that the results of blood tests performed pursuant to section 316.1933 are . . . Section 316.1933 prescribes the methods and procedures which must be followed in conducting a blood test . . . Subsection (1) of section 316.1933 provides a law enforcement officer may order or compel a blood test . . . The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 . . .

STATE v. TALTY, 692 So. 2d 936 (Fla. Dist. Ct. App. 1997)

. . . civil or criminal action_the results of any test administered in accordance with s. 316.1932 or s. 316.1933 . . .

STATE v. MARSHALL,, 695 So. 2d 719 (Fla. Dist. Ct. App. 1996)

. . . The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 . . .

STATE v. RIVAS- MARMOL,, 679 So. 2d 808 (Fla. Dist. Ct. App. 1996)

. . . [I]t is the established law of this state that Florida’s implied consent statutes [Secs. 316.1932, 316.1933 . . . it has done through the enactment of section 322.261, Florida Statutes (1975) [now section 316.1932, 316.1933 . . . Where an accident has caused serious bodily injury or death, the blood test provisions of section 316.1933 . . .

L. HENNINGER, v. STATE, 667 So. 2d 488 (Fla. Dist. Ct. App. 1996)

. . . Henninger’s blood was performed “substantially” in compliance with approved methods as required by section 316.1933 . . .

STATE v. DURDEN,, 655 So. 2d 215 (Fla. Dist. Ct. App. 1995)

. . . formulate the requisite probable cause to request the blood test in the first instance” under section 316.1933 . . . Probable cause to order a blood test exists under section 316.1933(1) if an officer, based upon reasonably . . . the accident, provided probable cause for the police officer to request a blood test under section 316.1933 . . .

STATE v. SLANEY,, 653 So. 2d 422 (Fla. Dist. Ct. App. 1995)

. . . sample (1) constitutes a violation of Florida’s implied consent law under Sections 316.1932(l)(c), 316.1933 . . . State, 521 So.2d 330 (Fla. 4th DCA 1988). 2 Sections 316.1932(1)(c) and 316.1933(1), Florida Statutes . . . The other exception to the general scheme of breath and urine testing is found in section 316.1933(1) . . . Section 316.1933(2)(a), Florida Statutes (1991) authorizes “[o]nly a physician, certified paramedic, . . . Gillman [390 So.2d 62 (Fla.1980) ]; § 316.1933(2)(a), Fla.Stat. (1987). . . .

STATE v. CESARETTI,, 632 So. 2d 1105 (Fla. Dist. Ct. App. 1994)

. . . Section 316.1933(1), Florida Statutes. In Jackson v. . . .

A. MICHIE, v. STATE, 632 So. 2d 1106 (Fla. Dist. Ct. App. 1994)

. . . substantial compliance with the relevant regulations adopted by HRS pursuant to the mandate of section 316.1933 . . . Strong, 504 So.2d 758 (Fla.1987), to permit test results without regard to the requirements of section 316.1933 . . . Section 316.1933(2)(b), Florida Statutes (1991), uses the following language: A chemical analysis of . . .

MEHL, v. STATE, 632 So. 2d 593 (Fla. 1993)

. . . Subsection 316.1933 (2)(b) provides: A chemical analysis of the person’s blood to determine the alcoholic . . .

STATE v. McROBERTS,, 621 So. 2d 528 (Fla. Dist. Ct. App. 1993)

. . . A sample of McRoberts’ blood was collected and analyzed pursuant to section 316.1933, Florida Statutes . . . granted the motion to suppress, apparently because the rules promulgated by HRS pursuant to section 316.1933 . . . We agree with our sister courts that the rules implementing section 316.1933(2)(b) are adequate. . . .

STATE v. HILL,, 618 So. 2d 742 (Fla. Dist. Ct. App. 1993)

. . . not disclose an essential factual determination — that the state substantially complied with section 316.1933 . . . Therefore, in accordance with section 316.1933’s mandate, the state upon remand shall have the opportunity . . . Of course, once compliance with section 316.1933 is established, Hill is entitled to challenge the accuracy . . . Section 316.1933(2)(b), Florida Statutes (1991), contains the following language: A chemical analysis . . .

STATE v. BUCHANON,, 610 So. 2d 467 (Fla. Dist. Ct. App. 1992)

. . . Based on this information and pursuant to section 316.1933(1), Florida Statutes (1989), the deputy requested . . . State, 456 So.2d 916, 918 (Fla. 1st DCA1984) (“Probable cause exists under section 316.1933(1) to order . . . Blood tests ordered pursuant to section 316.1933 are available to a law enforcement officer “notwithstanding . . . provision of law pertaining to the confidentiality of hospital records or other medical records.” § 316.1933 . . . experienced with automobile accidents would seemingly justify a request for a blood test under section 316.1933 . . .

STATE v. MEHL,, 602 So. 2d 1383 (Fla. Dist. Ct. App. 1992)

. . . .-1932(l)(f) and sections 316.1933(2)(b) and 316.1934(3) of the Florida Statutes (1989), depending on . . . rational basis to draw a distinction between blood tests in a section 316.1932 DUI case and a section 316.1933 . . . If the language in sections 316.1933(2)(b) and 316.1934(3) of “approved methods” is to be construed to . . . In order to avoid such a construction and because the provisions of section 316.1933 augment the provisions . . . Thus, appellee’s blood test results are admissible under sections 316.-1932(l)(f), 316.1933(2)(b) and . . . Section 316.1933 provides that if a law enforcement officer has probable cause to believe that a motor . . . Sections 316.1932 and 316.1933 have similar, but clearly independent functions and the language of the . . . Section 316.1933 does not reference or incorporate the testing provision of section 316.1932(l)(f). . . . The probable cause statute incorporates section 316.1933(2). . . . Whether the blood was drawn pursuant to section 316.1933, Florida Statutes (1989) has not been made an . . .

HOPKINS, Sr. v. STATE, 608 So. 2d 33 (Fla. Dist. Ct. App. 1992)

. . . . § 316.1933(2)(b), Fla.Stat. (1982 Supp.). After the state had qualified Mr. . . .

ROBERTSON, v. STATE, 604 So. 2d 783 (Fla. 1992)

. . . ) May a chemical analysis performed in accordance with the approved methods contemplated by section 316.1933 . . . test results of blood samples taken at the request of law enforcement if the requirements of section 316.1933 . . . taking blood or conducting the test, can the state nonetheless rely on the provisions of section [] 316.1933 . . . Duer in this instance was not an authorized test within the meaning of subsections 316.1933(2)(b) and . . . The implied consent law consists of sections 316.1932, 316.1933, and 316.1934, Florida Statutes (1987 . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . F.S. 316.1933 “Serious bodily injury” means a physical condition that creates a substantial risk of death . . .

STATE v. E. BURKE,, 599 So. 2d 1339 (Fla. Dist. Ct. App. 1992)

. . . adoption of section 322.261 and section 322.262, Florida Statutes (1977) (now section 316.1932 and section 316.1933 . . .

STATE v. HOFF,, 591 So. 2d 648 (Fla. Dist. Ct. App. 1991)

. . . evidence of blood alcohol content may still be admissible without reference to sections 316.1932 through 316.1933 . . . admissibility of blood-alcohol test evidence is determined solely by reference to sections 316.1932 and 316.1933 . . .

HOPE, v. STATE, 588 So. 2d 255 (Fla. Dist. Ct. App. 1991)

. . . Serious bodily injury to another, as defined in s. 316.1933, is guilty of a felony of the third degree . . .

MILLER, v. STATE, 597 So. 2d 767 (Fla. 1991)

. . . of his normal faculties, the results of any test administered in accordance with s. 316.1932 or s. 316.1933 . . . that “[i]t is noncompliance with these proper testing procedures [required by sections 316.1932 and 316.1933 . . . admissibility of blood-alcohol test evidence is determined solely by reference to sections 316.1932 and 316.1933 . . .

STATE OF FLORIDA v. KUSIAK, 50 Fla. Supp. 2d 24 (Fla. Cir. Ct. 1991)

. . . Florida Statute § 316.1933(1) authorizes blood to be taken from an individual when he is involved in . . .

STATE OF FLORIDA v. OAKLEY, 49 Fla. Supp. 2d 72 (Fla. Cir. Ct. 1991)

. . . Florida Statutes (1987), provides that test results administered in accordance with section 316.1932 or 316.1933 . . .

STATE v. McINNIS,, 581 So. 2d 1370 (Fla. Dist. Ct. App. 1991)

. . . Section 316.1933(1), Florida Statutes (1989) provides: (1) Notwithstanding any recognized ability to . . . their refusal to take the test may be used against them in the criminal trial. . §§ 316.1932(1)(c), 316.1933 . . .

KENSON, v. STATE, 577 So. 2d 694 (Fla. Dist. Ct. App. 1991)

. . . accident but who does not injure another may not be forced to submit to a blood test under section 316.1933 . . . Section 316.1933, was amended by Chapter 88-5, section 4, Laws of Florida. . . .

SANTIAGO SANCHEZ DEFUENTES, v. L. DUGGER,, 923 F.2d 801 (11th Cir. 1991)

. . . of his normal faculties, the results of any test administered in accordance with s. 316.1932 or s. 316.1933 . . .

STATE OF FLORIDA v. PARKER, 44 Fla. Supp. 2d 38 (Fla. Cir. Ct. 1990)

. . . Florida Statutes § 316.1933(2)(b) requires that chemical analysis of a person’s blood be performed substantially . . .

ROBERTSON, v. STATE, 569 So. 2d 861 (Fla. Dist. Ct. App. 1990)

. . . purpose of determining the alcoholic content thereof_(empha-sis added) Subsection (2)(b) of section 316.1933 . . . are to be construed in favor of accused persons and that whether the certification requirements of 316.1933 . . . At least one other court has concluded that the requirements of section 316.1933, Florida Statutes, need . . . So.2d 758 (Fla. 1987), to hold test results admissible without regard to the requirements of section 316.1933 . . . Based on Strong and Quartararo, it appears that section 316.1933 either merely creates a convenient shorthand . . .

NEW YORK LIFE INSURANCE CO. v. COLL,, 568 So. 2d 1306 (Fla. Dist. Ct. App. 1990)

. . . )(c) could not be applied because there was neither probable cause for taking the blood test, see § 316.1933 . . .