Mr. Geiss was charged with felony driving under the influence and driving with a suspended or revoked license. He filed a motion to suppress the results of his blood test, which the trial court granted. The state appealed and the Fifth District Court of Appeal ruled that the blood draw was constitutional but that state law did not allow for the warrant in a misdemeanor case. The 5th DCA also asked this Court to rule whether state law allows law enforcement officers to get warrants for blood draws in misdemeanor cases involving drunken driving allegations.

Broward County