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DUI Blood Tests

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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.

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What Our Clients Are Saying
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Brandon was extremely helpful with my case and I felt very comfortable throughout the process with his handling of my legal matters. He is diligent and knows his way within the judicial system!

-Ashley H.

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Amazing! I didn’t have to worry about anything. After first meeting with Brandon, I was much more at ease with my case. He was very helpful with everything I asked and very understanding. I would highly recommend!


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This was the first time I needed to hire an Attorney and I was somewhat nervous. Mr. Morris was very easy to communicate with and basically told me from day one that the charges would be dropped and they were. I would highly recommend him to anyone.


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Brandon is committed to getting the best result for his clients. He negotiated the best deal for me with the state attorney. I recommend him to anyone looking for a lawyer committed to his clients.

-Former Client

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Brandon Morris is definitely an attorney myself and my family would recommend. Me and my husband retained Brandon and achieved the best possible result, a dismissal in the case. My son retained Brandon in his case and the conclusion of the case was what my son anticipated, a good result. Brandon is knowledgeable, understanding, compassionate about his clients, and has reasonable fees. When we talk to Brandon it is apparent that his is listening to every detail. Brandon has always been prompt in returning our calls. We will definitely use Brandon again if needed. He is an excellent attorney!