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BARRENTINE v. MAKELY

No. 80-1746.

406 So.2d 1237 (1981)

Staley Eugene BARRENTINE, Appellant, v. John Joseph MAKELY and Nationwide Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

December 4, 1981.

Attorney(s) appearing for the Case

J. Bert Grandoff and Victor J. Pellegrino of Yado, Keel, Nelson, Grandoff, Casper, Bergmann & Newcomer, P.A., Tampa, for appellant.

Barbara J. Paulson and Larry I. Gramovot of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees.

OTT, Judge.

It is now settled in this state that the results of a chemical test for the presence of alcohol in the blood of a suspect, administered under section 322.261(1)(a), Florida Statutes (1975), are admissible into evidence if the suspect consented to the test. Such consent may be express or implied, but an implied consent affirmatively withdrawn before the test is administered is insufficient. Sambrine v. State...

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