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In many DUI cases, police officers will request a suspected drunk driver to take a blood test to determine blood alcohol concentration (BAC). Blood tests are considered more accurate and reliable than breath and urine tests and can determine if drugs are present in the suspect’s system. However, sometimes these tests are improperly performed, infringing on a suspect’s constitutional rights.
If you have failed or refused to take a DUI blood test in Florida, the The Morris Firm is dedicated to helping you avoid conviction. With more than ten years of legal experience, Attorney Brandon Morris has experience in fighting to exclude the results from trial.
Florida Blood Test Laws
According to state law, law enforcement will require a driver to submit a blood test if they have probable cause to believe the suspect is drunk driving. In order to perform a blood test, police officers must obtain a search warrant before administering the test, unless the suspect voluntarily consents.
However, law enforcement can perform forced blood draws under “exigent circumstances,” including when a suspect is unconscious prior to a DUI arrest, injured in an accident, or stopped for a third DUI offense.
Although blood tests produce the most accurate results, police officers must follow certain procedures to provide transparency and protect the suspect’s rights. When a mistake is made during the collection or storage of such tests, the results can be inadmissible in court.
Common issues with Florida DUI blood tests include:
- The sample wasn’t taken by a qualified doctor, nurse, or a phlebotomist
- The alcohol swab affected the test results
- The blood was taken from an artery, rather than a vein
- The two blood samples were contaminated or mixed
- The two blood samples were not properly persevered
- The police failed to show a “chain of custody”
Ready to Help Today!
Our Pensacola DUI attorney understands the best defenses to use if there are issues with your blood test results. We can analyze the blood samples, determine if law enforcement or medical staff made an error, and help get the results thrown out of trial.
Contact us and schedule a consultation today for more information.