State v. Brennick

OPINION OF THE COURT

LAWRENCE J. DAVIS, County Judge.

ORDER DENYING MOTION TO DISMISS

The Defendant when offered a breath test refused by insisting on a blood test. The Defendant does not have a statutory right to an independent test unless he first takes a breath test.

*154Florida Statutes Section 316.1932(l((f)(3) reads as follows:

3. The person tested may, at his own expense, have a physician, registered nurse, fully licensed clinical laboratory technician, or other person of his own choosing administer a test in addition to the test administered at the direction of the law enforcement officer for…