Understanding the Legal Strategies Used to Fight DUI Blood Test Evidence in Florida
When you’re facing a DUI charge in Florida, one of the most critical pieces of evidence the state may rely on is the result of your blood test. A blood test is often considered more accurate than breathalyzer results, but that doesn’t mean the results are infallible. There are several ways we can challenge the validity of those results. Let’s explore how a Florida DUI lawyer can fight back against blood test evidence and what that means for your case.
Blood Tests in Florida DUI Cases
In Florida, law enforcement may request a blood test if they believe you were driving under the influence of alcohol or drugs. Blood tests are typically used when a breathalyzer is unavailable, when a crash has occurred resulting in serious injury or death, or when you are unable to provide a breath sample for medical reasons. Florida Statutes § 316.1933 governs when a blood test may be legally administered.
Blood tests are perceived as more reliable because they directly measure the alcohol or drug concentration in your bloodstream. However, just because the results of a blood test indicate a certain blood alcohol concentration (BAC) doesn’t mean those results are untouchable. As experienced DUI defense attorneys, we know there are numerous factors that can call into question the accuracy and admissibility of blood test evidence.
Legal Grounds to Challenge Blood Test Results
There are several key areas where we can focus our defense when challenging the results of a DUI blood test. Each of these areas requires a careful analysis of the procedures followed by law enforcement and the handling of your blood sample.
1. Lack of Probable Cause for the Blood Test
Before law enforcement can administer a blood test, they must have probable cause to believe you were driving under the influence. This means there needs to be a valid reason for the traffic stop and a reasonable suspicion that you were impaired. If the officer did not have sufficient cause to pull you over or to believe you were impaired, we can challenge the legality of the blood test under Florida law. Without probable cause, the results of the test may be deemed inadmissible.
2. Improper Blood Test Administration
Even if probable cause exists, the procedures surrounding the collection and handling of your blood sample must be properly followed. Blood draws are considered an invasive procedure, and under Florida law, only certain professionals, such as licensed doctors, nurses, or phlebotomists, are legally allowed to draw blood for DUI testing. If the blood draw was conducted by someone who is not authorized to do so, the results could be challenged on those grounds.
3. Chain of Custody Issues
After your blood is drawn, it must be handled carefully and documented at every stage of the process to ensure its integrity. This is known as the chain of custody. If the sample is improperly handled, mislabeled, or stored in an inappropriate environment, the results can become unreliable. We will examine every step in the chain of custody, from the moment your blood was drawn to when it was tested, to see if there were any procedural errors or breaches.
4. Contamination or Improper Storage
Blood samples are highly sensitive and can become contaminated if not handled properly. Contamination can occur due to improper sterilization of the equipment used to collect the sample or through exposure to other substances. Additionally, blood samples must be stored at the correct temperature to preserve their accuracy. If the sample was improperly stored or subjected to temperature fluctuations, the BAC results could be compromised. In such cases, we can challenge the accuracy of the test results based on improper storage or contamination.
5. Testing Errors or Inaccurate Results
Even when a blood sample is properly collected, stored, and tested, human error can still lead to inaccurate results. Blood samples are analyzed using complex laboratory equipment, and these machines must be regularly calibrated and maintained to ensure accuracy. We will request and review the maintenance records for the machines used to test your blood sample. If the machine was not properly calibrated or if there were issues with the testing process, we can argue that the results are unreliable and should not be used as evidence.
Challenging Blood Test Results in Court
When it comes to DUI blood tests, the prosecution will often try to use the results as irrefutable evidence of impairment. However, blood test results are far from bulletproof, and as experienced DUI attorneys, we know how to challenge these results effectively.
During pretrial motions, we can argue that the blood test results should be excluded from evidence based on any of the legal grounds discussed above. If the court agrees, the prosecution may be left without their strongest piece of evidence, significantly weakening their case against you.
If the blood test results are allowed as evidence, we can still challenge their reliability during trial. This might involve cross-examining the lab technicians or medical professionals involved in the testing process, presenting expert testimony on the flaws in blood testing procedures, or highlighting inconsistencies in the chain of custody. Our goal is to raise enough doubt about the accuracy of the blood test results to convince the court that they should not be used to convict you.
The Importance of Legal Representation
Challenging DUI blood test results is a complex process that requires a deep understanding of Florida’s DUI laws, forensic science, and court procedures. That’s why it’s essential to have an experienced DUI defense lawyer on your side who knows how to scrutinize blood test evidence and fight back against the prosecution’s case.
At Musca Law, we have extensive experience defending clients in DUI cases, including those involving blood test evidence. We understand the tactics that prosecutors use to present this evidence, and we know how to build a strong defense to protect your rights.
If you’re facing DUI charges based on blood test results, it’s important to act quickly. Contact Musca Law for a free consultation so we can start building your defense today.
Florida DUI Blood Test FAQs
Can blood test results be wrong in a DUI case?
Yes, blood test results can be inaccurate due to various factors, including improper handling, contamination, or testing errors. Blood samples are sensitive, and if they aren’t collected, stored, or tested correctly, the results can become unreliable. An experienced DUI defense lawyer can investigate these issues and challenge the accuracy of the test results.
What happens if the blood test was taken without my consent?
In Florida, if you are unconscious or unable to provide a breath sample, law enforcement may be permitted to take a blood sample without your explicit consent under certain circumstances. However, they must still have probable cause, and the blood test must comply with legal requirements. If your rights were violated during the blood test process, your attorney can challenge the admissibility of the evidence.
How do I know if the blood test results in my case were accurate?
To determine whether your blood test results are accurate, your attorney will investigate the entire testing process. This includes reviewing how the blood was drawn, transported, and stored, as well as the calibration records of the testing equipment. If any step in the process was flawed, your lawyer may be able to challenge the results in court.
Can blood test results be challenged if they show a high BAC?
Even if the blood test shows a BAC above the legal limit, there may still be grounds to challenge the results. Issues with how the blood sample was collected or stored, chain of custody problems, or testing errors could render the results inadmissible. A skilled DUI attorney will explore every possible defense to fight the charges against you.
How long after an arrest can a blood test be taken?
Blood tests are usually administered shortly after an arrest, but delays can occur in certain situations, such as if the driver was hospitalized after an accident. The timing of the test is important because BAC levels can change over time. If the test was administered too long after the arrest, it may not accurately reflect your BAC at the time you were driving, and your attorney can challenge the timing and reliability of the results.
What should I do if blood test results are being used against me in a DUI case?
If blood test results are being used as evidence in your DUI case, it’s crucial to consult with an experienced DUI defense lawyer as soon as possible. Your attorney can evaluate the evidence, investigate potential issues with the blood test, and work to develop a strong defense strategy to challenge the results.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you’ve been charged with DUI and blood test results are being used against you, you need a skilled defense team to protect your rights. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our team of experienced DUI defense attorneys is dedicated to defending clients throughout all 67 counties in Florida. Don’t wait—call us today to start building your defense.