Kenson v. State

Appellant challenges the denial of a motion to suppress the results of a blood alcohol test. Appellant was charged with driving under the influence of alcohol, a violation of section 316.193, Florida Statutes (1987). After the denial of her motion to suppress, appellant pled no contest to the charges and reserved the right to appeal the denial of the motion to suppress. In denying the motion, the trial court certified the following question of great public importance:

Is a lawful arrest a prerequisite to a request for a blood sample pursuant to § 316.1932(l)(c) if a person is taken to a…