How Blood Test Evidence Is Used in Florida DUI Cases

Understanding DUI Blood Test Evidence in Florida

In Florida, operating a vehicle beyond the legal minimum blood alcohol content (BAC) of 0.08% constitutes a DUI. BAC is often determined by a series of tests such as breath, blood, urine, and breathalyzer tests. Blood tests are generally viewed as the most accurate of the tests. So, it’s not surprising that law enforcement will make every possible attempt to get a blood draw during investigations for DUI.

However, obtaining a blood draw for criminal prosecutions isn’t as easy as requesting and receiving. There are several laws, procedures, and requirements to consider before law enforcement can legally admit them in evidence. Even a slight deviation from laid down standards can be valid grounds for contesting a blood draw. This makes the subject of blood test evidence quite contentious and complicated.

Are you a defendant in a Florida DUI case? Then it’s important to have a thorough understanding of your rights and options as it relates to blood testing for DUI. In this article, our DUI defense attorneys have explained the basics of blood tests and how they’re used in DUI cases in Florida below.

Can Police Take My Blood Without a Warrant?

When Can Law Enforcement Legally Obtain a Blood Draw Without a Warrant?

Yes, a police officer can legally request that your blood be drawn without having a warrant, but under specific circumstances. 

Per Florida’s Implied Consent Law, motorists automatically give their consent to have their blood tested upon lawful arrest for DUI (§316.1932 and §316.1933 of Florida’s Implied Consent statute). If you refuse this test,  your driver’s license will be suspended for one year for a first refusal. In specific circumstances, law enforcement agents are allowed to use reasonable force to subject the motorist to a blood test. This is particularly true in the face of a fatal crash or when anyone involved sustains serious bodily injury.

To request these tests, the police officer must have reasonable or probable cause to believe that you were DUI. A blood test can also be requested when you appear for treatment at a medical facility or when breath or urine tests cannot be administered. However, based on several United States Supreme Court decisions, officers still need a search warrant to seize your blood. The only exceptions are:

  • When you give free and voluntary consent for your blood to be seized
  • There were exigent circumstances necessitating the blood seizure.

Free and Voluntary Consent 

Any warrantless blood draw based solely on a suspect’s consent is subject to potential challenges under the Fourth Amendment. This is because it is not enough for the prosecution to show that consent was given. They must also prove that it was given freely and voluntarily.

That is, the defendant must have been fully informed that they’re only mandated to subject themselves to breath and urine tests. The suspect should also be aware that a blood test is only an alternative to a urinalysis and breathalyzer.

Exigent Circumstances 

Law enforcement agents must always endeavor to obtain a search warrant when they’re reasonably able to do so. Otherwise, the blood test evidence may be rendered inadmissible in court. That’s because warrantless blood searches, apart from when freely and voluntarily given, are legal only in exigent circumstances.

What amounts to exigent circumstances depends on the specifics of each case. However, the courts have stated that this can arise when the warrant process will significantly delay the blood test.

Medical Blood Tests in Florida DUI Cases

Can the Prosecution Obtain My Medical Blood Test?

Apart from police officers, a qualified medical provider is another person authorized to draw your blood in specific circumstances. Usually this happens when your DUI causes an accident and a serum test needs to be conducted to facilitate treatment. In such cases, law enforcement agents may subpoena the relevant medical facility to obtain the result of your blood test.

If this is the case, you’ll receive a HIPAA (Health Insurance Portability and Accountability Act) 15-day letter and a Notice of Issuance of an Investigative Subpoena for Medical Records. You can object to the subpoena by filing a written objection and attending a hearing.

Challenging Your Blood Alcohol Test Results

Understanding the Legal Defenses against a DUI Blood Test Result in Florida

While blood tests for DUI are highly accurate, they are not infallible. Depending on the circumstances surrounding your case, you can still challenge the results on several grounds, including:

Errors in Testing Procedures and Improper Collection Processes

Medical personnel can make mistakes in the process of drawing blood to test for DUI. For example, they may have used a kit not approved by the state or they may have labeled the sample incorrectly. The personnel may have also neglected to use non-alcoholic antiseptics when collecting your blood. In summary, any event that deviates from the standard testing protocol is a potential defense against the blood test results.

Lack of Proper Certification 

The medical personnel’s qualifications are important for the entire process of blood collection and testing. So, you can contest a blood test result on the grounds that the personnel who drew your blood weren’t qualified to do so.

Improper Transportation 

The integrity of a blood sample can be compromised during transportation if strict protocols aren’t followed. For example, blood samples are temperature sensitive. If yours was stored at the wrong temperature, you can argue that this error may have caused inaccurate readings.

Were You Arrested on Suspicion of DUI in Florida?

Our Florida DUI Defense Attorneys Can Help to Suppress the Result of Your Blood Test

Having your blood drawn following a DUI arrest or investigation can be scary. However, you can still fight a conviction with help from our experienced DUI defense lawyers.

The criminal defense attorneys at Taracks and Associates have successfully defended numerous DUI cases like yours. Given our thorough understanding of Florida’s DUI legal process, you can trust us to put up the best defense on your behalf.

Choose premium legal services today. Schedule a free case review with us by calling (813)-281-2897 now.

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