Defend Your Florida DUI Blood Test Results

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A blood test is one of the methods of measuring your blood alcohol concentration after a Florida DUI stop. Florida state law limits how they are obtained, who may take the blood sample and the circumstances in which they may be administered. If any of the prescribed procedures and requirements were followed improperly, these violations may form the basis of a persausive defense in your Florida DUI case.

According to Florida criminal statutes, a blood test measuring the percentage of alcohol in your blood may be requested if breath or urine testing is impossible or impracticable, or if there is an accident resulting in serious personal injury or death.  A blood test may also be requested in those instances where the subject’s breath test results are below the legal limit, but there are sufficient indicators of impairment from drugs.

Florida Laws Regarding Blood Testing As Evidence in a DUI Trial

Florida law grants law enforcement the right to request a sample of a subject’s blood for testing. For the blood test results to be admissible in a DUI trial, however, the prosecutor is required to prove that the medical technician that drew the blood sample was qualified, that the blood test results are relevant to the case, and that the blood test results are scientifically reliable.

Fact - If you blew under the legal limit but were required to submit to a blood test, your license may not necessarily be suspended.  A suspension will depend on the outcome of your lab results, which takes 2-4 months.  An experience Florida DUI lawyer can ensure that your license is still valid during the time it takes the results to return from the Florida Department of Motor Vehicles.

The Florida Dept of Law Enforcement (FDLE) does the lab testing and then provides the blood alcohol concentration (“BAC”) results in a report to the arresting agency.  If the FDLE finds any intoxicating chemicals or alcohol in the blood sample, it is up to the arresting agency to decide whether or not they will pursue the administrative hearing or driver’s license suspension.  You will receive notification or a copy of your citation giving you notice of your driver’s license suspension in the event your license has been suspended.

Florida DUI trials that involve blood test evidence are the most expensive and complicated DUI cases to prosecute due the length of time it takes for the test results to return. 

An experienced Florida DUI lawyer will be able to review the facts of your DUI case and determine which of the following legal challenges should be raised in defending a Florida DUI blood test case.  These challenges can lead to complete exoneration or dismissal of the DUI charges pending against you.  The legal challenges also can be used to negotiate the reduction of your DUI charge down to a reckless driving charge that ultimately prevents a DUI conviction on your record.

Legal Challenges Used To Defend Florida DUI Blood Test Results:

1. Proving the blood sample was not drawn by qualified medical personnel
2. Blood sample mistakes such as using an alcohol pad to “prep” the vein
3. Improper contamination of the blood sample with chemicals
4. Not providing a 2nd sample for independent testing by defense attorneys
5. Failure to establish the procedures and time lines used by lab personnel
6. Improper care, handling or storage of the sample
7. Human error
8. Improper equipment recalibration
9. Failure to prove adherence to stringent lab procedures
10. Failure to establish that the test results are scientifically reliable

An experienced Florida DUI lawyer will investigate your case and look for any discrepancies or violations of required procedures involving your blood test.  Experts will also review these situations in order to provide valid testimony concerning the testing procedures or methods used to test your blood for alcohol or chemicals.

Florida's Implied Consent Laws In Regards To Blood Withdrawal

In the State of Florida, law enforcement is authorized by law to withdraw blood without a person’s consent and by force in limited situations.  Florida Statute Section 316.1933(1) provides “a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person's blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances as set forth in s. 877.111 or any substance controlled under chapter 893.”

DUI cases that involve providing a blood sample for chemical testing are usually the most challenged cases by defense attorneys.  If you have been charged with DUI and have submitted to a blood test, please call our 24/7 Florida DUI helpline at (800) 687-2252 to speak with an attorney.  All phone calls are answered 24 hours a day and 7 days a week.  You may also search our Florida DUI Lawyer directory for a local Florida DUI attorney to discuss your case (by appointment only).