DUI Blood Test
It is almost a certainty that a person that is suspected of driving under the influence will be requested to perform a chemical test to determine his or her blood alcohol concentration (BAC). Though breath tests are the norm, law enforcement could also request a blood draw to determine a person's BAC.
Though blood tests are hailed as being more accurate and a sure DUI conviction when the results come back showing a BAC at 0.08 or above, however, this could not be further from the truth.
Errors can occur when a blood test is performed on a person arrested for a DUI offense, and if not properly challenged by an experienced Miami DUI criminal defense attorney, it could potentially cost that person their freedom.Miami DUI Blood Test Defense Attorney
If you have been arrested for a DUI offense and were subjected to a blood test, you need an experienced Miami-Dade criminal defense attorney to not only investigate your chemical test results but the entire arrest start to finish.
Attorney Hoffman or The Hoffman Firm is an experienced criminal defense attorney with extensive knowledge of Florida's DUI laws and has successfully represented clients in Doral, Coral Gables, Key Biscayne, Miami Lakes, Miami Beach, Homestead, and the remainder of Miami-Dade County, Florida.
Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so our astute legal team can begin reviewing your case and defending your rights.
It has been long held that Florida's "implied consent" law could subject any person utilizing roadways within the state to a chemical test to determine their BAC if when they are arrested for a DUI related offense.
In other words, once a law enforcement officer has sufficient probable cause to affect an arrest for driving under the influence ("DUI"), the driver would be legally obligated under Florida law to provide a breath or urine sample to determine the amount of alcohol in his or her system.
Failing to comply with Florida's "implied consent" law would result in the immediate suspension of the person's driver's license. In addition, their refusal could be used against them as evidence in their DUI criminal proceeding.
However, different standards are applied when a law enforcement officer is seeking a blood sample. In Florida, blood can only be taken by force in situations where there was serious bodily injury or death caused by a driver that is presumed to be under the influence of alcohol or a controlled substance.
In a recent Supreme Court ruling under Missouri v. McNeely, No. 11-1425, the Court ruled that in order for an officer to obtain a forced blood sample, a warrant must first be obtained unless an "exigent emergency" is present. This ruling's effect on Florida DUI cases and future law enforcement protocols is still to be determined.
If you had your blood withdrawn from your body by force after a DUI arrest, you need a knowledgeable Miami criminal defense attorney to review your arrest and the chemical testing results immediately. Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so that we can begin preparing your defense strategies.
There are several ways the validity and admissibility of a Florida DUI blood test can effectively be challenged, rendering it void.
If the prosecution is unable to establish the test was conducted in full compliance with Florida's Administrative Code, the results may be suppressed. Some common examples of a blood test not meeting the standards established by Florida law include:
- Break in the Chain of Custody,
- Blood Sample not Properly Preserved,
- Untrained or Uncertified Person Withdrew Blood,
- Improper Collection,
- Alcohol Contamination During Sterilization of Withdraw Site, and
- Blood Sample not Properly Preserved
Applicable defenses may also arise when the defendant's legal rights were violated during the course of the DUI stop and subsequent investigation, such as:
- Lack of Reasonable Suspicion to Initiate Traffic Stop,
- Lack of Probable Cause to Believe the Defendant was Under the Influence of Alcohol or a Controlled Substance,
- Lack of Probable Cause to Perform the DUI Arrest,
- Misstatement or Misinterpretation of the Law, or
- Invalid Consent
A person that has been arrested for a DUI offense and complied with a chemical test to determine their BAC has the legal right to have an independent chemical test performed at their own expense.
Florida Statute 216.1932(1)(f)(3) states that a person who has submitted to a chemical test of his or her breath, urine, or blood may acquire the services of a trained professional to perform an independent breath, urine, or blood test at his or her own expense.
The results of an independent blood test could be beneficial if they yield results that differ from the results allegedly produced by law enforcement.
Jackson Memorial Hospital – Visit this website to acquire more information about the drug screening services Jackson Health System provides and locate doctors in Miami-Dade County area who are available to perform independent chemical tests in the event of a DUI arrest.
Jackson Memorial Hospital
1611 N.W. 12th Avenue
Miami, Florida 33136-1096
Florida Legislature: Florida Statute 316.1932 – Visit this website to view Florida Statute Section 316.1932 to learn more about Florida's implied consent law and permissible methods for extracting samples to determine a person's blood alcohol concentration.
If you have been arrested for a DUI offense and were subjected to any testing to determine your blood alcohol concentration ("BAC"), you could be facing extreme penalties if you do not acquire immediate assistance from a knowledgeable Miami-Dade criminal defense attorney.
Attorney Hoffman or The Hoffman Firm is a criminal defense attorney that has successfully represented clients charged with DUI manslaughter, Driving Under the Influence of Drugs, DUI with property damage, DUI with a child passenger, and a wide variety of other DUI-related criminal offenses.
With offices conveniently located in Miami and North Miami, The Hoffman Firm is able to provide effective representation to clients located in Doral, Hialeah, Coral Gables, Key Biscayne, South Miami, Miami Lakes, Miami Beach, Homestead, and the remainder of Miami-Dade County, Florida.
Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so our astute attorney can begin reviewing your case and defending your rights.