How Can I Fight an DUI Blood Test in Florida?

by | Jul 10, 2019 | DUI

Defending Yourself Against A DUI Blood Test In Florida

There are three primary ways that a driver can be tested for the presence of intoxicating substances if they are stopped on the suspicion of DUI — a breath test, a blood test, and less commonly, a urine test. A breath test can only detect the presence of alcohol in the bloodstream, while blood and urine tests can detect the presence of both alcohol and drugs. 

Here’s what you need to know about blood tests in Florida and how you can fight the results. 

The Purpose of a DUI Blood Test 

If a police officer stops you and believes that you are under the influence of alcohol or drugs, they may ask you to submit to a blood test. This test will not only check your blood alcohol level, but may also screen for the presence of legal and illegal substances that can alter the ability to drive safely, like marijuana, LSD, and methamphetamines. 

Potential Defenses Against a Blood Test 

The results of a blood test may be considered inadmissible in court as evidence against you if: 

  • Untrained Staff Administered the Test: The staff that administered the test were untrained or unqualified.
  • The Chain of Custody Did Not Remain Intact During Testing: The staff in charge of handling the test did not document the chain of custody or failed to keep it intact. Prosecutors must be able to prove that the blood sample was without a doubt yours and could not have been tampered with.
  • The Police Had No Right to Stop You: In order to stop you, police must have probable cause to do so. They must observe you breaking a traffic law or otherwise indicating that you may be operating your vehicle while intoxicated. If the police cannot prove that they had the right to stop your vehicle, any test results obtained after you were stopped may be considered invalid.
  • The Police Had No Right to Obtain a Blood Sample: In Florida, police must have a search warrant based on probable cause or your express consent to perform a blood draw, except in the case of a true emergency. For example, a blood draw may be performed if you are unconscious and your physician needs to assess your BAC to properly treat you.

Call Criminal Defense Lawyer Michael T. Rabideau

Reach out to my office today for more information about fighting your DUI charges in Florida. Call (561) 820-4848.