2/20/19 Florida Supreme Court Oral Arguments: Byron McGraw v. State of Florida SC18-792

In 2016, Mr. McGraw was involved in a single car accident and was found unconscious at the scene. The responding police officer smelled an odor of alcohol and later requested a blood draw from Mr. McGraw, while he lay unconscious, to determine his blood alcohol content level. Consequently, Mr. McGraw was charged with driving under the influence. Mr. McGraw filed a motion with the trial court to throw out the results of the blood test, arguing it was an unlawful search because he was unconscious during the warrantless blood draw and did not give his consent. The trial court denied the motion but certified a question to the Fourth District Court of Appeal regarding Florida’s implied consent law. On appeal, the Fourth DCA decided that the implied consent law is constitutional and permits a warrantless blood draw of an unconscious DUI suspect, but certified a question of great public importance for this Court’s review.