Byron McGraw v. State of Florida

Summary

The court declined to answer the certified consent question because controlling federal precedent held that unconsciousness combined with the dissipation of blood-alcohol evidence generally creates exigent circumstances permitting a warrantless blood draw from an unconscious suspected impaired driver. It vacated the district court's decision and remanded for the defendant to attempt to show that the unusual-case exception applies. The concurring justice agreed that constitutional conformity with federal precedent required the same result.