Strategies for Defending Against DUI Blood Test Evidence in Florida
Blood tests are often seen as one of the most accurate ways to determine whether someone is driving under the influence. But as reliable as these tests may seem, they are far from infallible. Florida law enforcement agencies rely heavily on blood test results in DUI cases, and they often assume these results are beyond challenge. However, as a DUI defense lawyer, I know that there are several ways to effectively question the accuracy and legality of blood tests. If you're facing a DUI charge based on blood test evidence, it’s essential to understand the potential defenses that can be raised.
Legal Framework for Blood Tests in Florida DUI Cases
In Florida, DUI charges are governed by Florida Statute § 316.193, which makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. If you’re pulled over on suspicion of DUI, law enforcement may ask you to take a breathalyzer test. In certain situations, however, they may take a blood sample instead. This typically happens if you’ve been involved in an accident or if you are unable to take a breath test due to medical reasons.
But just because a blood test is administered doesn’t mean the results are unchallengeable. There are several legal grounds on which blood test evidence can be questioned.
How a DUI Lawyer Challenges Blood Test Evidence
1. Challenging the Legality of the Blood Draw
One of the first areas we examine in DUI cases involving blood tests is whether the blood draw itself was legally conducted. Under Florida law, police generally need a warrant to conduct a blood test unless specific exceptions apply. These exceptions include situations where:
- You give your voluntary consent.
- There are exigent circumstances, such as an immediate threat to life or public safety.
If the police drew your blood without a warrant and without meeting one of these exceptions, the blood test results may be excluded from evidence. This is a significant defense strategy because if the results are thrown out, the state may have no choice but to dismiss or reduce the charges.
2. Questioning the Chain of Custody
Blood samples must be handled with extreme care from the moment they are drawn to the time they are tested in the lab. This is known as the “chain of custody,” and any break in this chain could call the reliability of the blood test results into question.
For instance, if the sample wasn’t properly labeled, stored, or transported, there’s a real possibility of contamination or tampering. As your lawyer, I would carefully review the documentation that tracks the blood sample’s handling to see if there were any mistakes that could affect its validity.
3. Challenging the Testing Procedures
Even if the blood draw was lawful and the chain of custody was maintained, there can still be issues with the way the blood was tested. Blood tests must be conducted by certified personnel in accredited laboratories, using properly calibrated equipment. Any deviation from these strict standards could result in inaccurate test results.
For example, improper calibration of the testing equipment can lead to false high BAC readings. Additionally, if the blood sample was stored improperly—such as at the wrong temperature—it could ferment and artificially inflate the BAC result. I would examine the procedures used in your case to ensure everything was done correctly and challenge any deviations that could have affected the outcome.
4. Medical Conditions Affecting BAC Levels
Certain medical conditions and medications can skew blood test results. For example, if you suffer from diabetes or certain gastrointestinal disorders, your body may produce substances that mimic alcohol in a blood test. Similarly, medications like cough syrup or mouthwash containing alcohol can lead to false positives.
In these cases, medical records and expert testimony can be used to demonstrate that the blood test result was not an accurate reflection of actual alcohol impairment at the time you were driving.
5. Rising BAC Defense
One of the most common defenses in DUI cases involving blood tests is known as the “rising BAC” defense. Alcohol takes time to absorb into your bloodstream, and your BAC can continue to rise for up to two hours after you stop drinking.
If there was a delay between when you were pulled over and when your blood was drawn, it’s possible that your BAC was below the legal limit while you were driving but had risen above the limit by the time the test was conducted. As your lawyer, I can work with toxicology experts to demonstrate how this delay could have led to an inaccurate test result.
Legal Ramifications of a DUI Blood Test
A positive blood test result can lead to severe consequences, including license suspension, fines, and jail time. However, these results are not the end of the road. By questioning the legality of the blood draw, the handling of the sample, and the accuracy of the testing methods, we can create reasonable doubt about the validity of the test results.
Florida's Implied Consent Law
Under Florida’s implied consent law, when you receive a driver’s license, you’re agreeing to submit to chemical testing—such as blood tests—if law enforcement suspects you of DUI. If you refuse to submit to a blood test after a lawful request, your driver’s license can be automatically suspended for one year for the first refusal and 18 months for subsequent refusals.
However, the legality of the request is crucial here. If the blood draw was not properly requested under Florida law, this can be a key element in your defense.
Potential Outcomes
If we successfully challenge the blood test results, the charges against you could be reduced or even dismissed altogether. This is particularly important if the blood test is the primary piece of evidence against you.
Even if the test results cannot be excluded, demonstrating flaws in the way the test was administered or handled can lead to reduced penalties or alternative sentencing options, such as DUI school or probation instead of jail time.
FAQs About Challenging Blood Test Results in Florida DUI Cases
Can a DUI lawyer get my blood test results thrown out?
Yes, if there are issues with how your blood was drawn, handled, or tested, your lawyer may be able to get the results excluded from evidence. This could lead to the dismissal of your DUI charge or a reduction in penalties.
What happens if the police didn’t have a warrant for my blood test?
In most cases, police need a warrant to conduct a blood test unless there are specific exceptions. If law enforcement didn’t have a warrant and didn’t meet one of these exceptions, your lawyer could argue that the blood test results should be suppressed.
How can medical conditions affect blood test results?
Certain medical conditions, such as diabetes or gastrointestinal issues, can cause your body to produce substances that may be mistaken for alcohol in a blood test. Your lawyer can present medical evidence to show that your test result may have been falsely elevated due to a medical condition.
What is the rising BAC defense?
The rising BAC defense is based on the fact that alcohol takes time to absorb into the bloodstream, meaning your BAC could have been below the legal limit while you were driving but rose above the limit by the time your blood was drawn. Your lawyer can use this defense to challenge the accuracy of your blood test result.
Can blood test results be inaccurate?
Yes, blood test results can be inaccurate due to various factors, including improper calibration of testing equipment, mishandling of the blood sample, or storage at the wrong temperature. Your lawyer can investigate these potential issues and challenge the reliability of the test.
What are the penalties for refusing a blood test in Florida?
Under Florida’s implied consent law, refusing a lawful blood test request can result in an automatic license suspension. For a first refusal, the suspension lasts one year, while subsequent refusals can lead to an 18-month suspension. However, if the request for the blood test was not lawful, your lawyer may be able to fight the suspension.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you’re facing DUI charges based on a blood test in Florida, it’s critical to understand that these tests are not foolproof. There are numerous ways to challenge the evidence against you, and we can help you explore every option available to you. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our team of experienced DUI defense attorneys will work tirelessly to defend your rights and protect your future.