State v. Durkee

OPINION OF THE COURT

R. JAMES STROKER, Circuit Judge.

These cases were consolidated for appeal on the issue of an arrestee’s *18right to receive an independent blood test upon request following arrest for driving under the influence.

Florida Statute 316.1932(l)(f)(3) relating to breath, blood, and urine tests for alcohol and chemical substances provides:

3. The person tested may, at his own expense, have a physician, registered nurse, duly licensed clinical laboratory technologist or clinical laboratory technician, or other person of his own choosing administer a test in addition to the test…