Miami DUI Blood Test Defense Attorney
Challenging Blood Test Results in Fort Lauderdale
It is almost a guarantee that a person 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 test to determine a person's BAC.
Though blood tests are hailed as being more accurate than breath tests, this could not be further from the truth. Errors can occur when a blood test is performed. If not properly challenged by an experienced Miami DUI blood test defense attorney, it could potentially cost the accused their freedom.
If you have been arrested for a DUI offense and were subjected to a blood test, you need an experienced criminal defense attorney to not only investigate your chemical test results but the entire arrest. Attorney Evan Hoffman of The Hoffman Firm is an experienced lawyer with extensive knowledge of Florida's DUI laws who has successfully represented clients in Fort Lauderdale and beyond.
Implied Consent in Florida
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 they are arrested for DUI. In other words, once a law enforcement officer has sufficient probable cause to arrest someone for driving under the influence, 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 submit to the test 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 an impaired driver.
In a recent Supreme Court ruling in 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 yet to be determined.
If you had your blood withdrawn by force after a DUI arrest, you need a knowledgeable Miami DUI blood test defense attorney to review your arrest and the chemical testing results immediately. In your time of need, choose The Hoffman Firm.
Defenses to a Blood Test Case
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 state’s standards 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
- Blood sample not properly preserved
Applicable defenses may also arise when the defendant's legal rights were violated during 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
- Invalid consent
Independent Blood Tests in Miami, Florida
Anyone who was arrested for DUI and complied with a chemical test to determine their BAC has the legal right to have an independent chemical test performed at their expense. The results of an independent blood test could be beneficial if they yield results that differ from law enforcement’s test results.
Schedule a Free Consultation with The Hoffman Firm
If you have been arrested for a DUI offense and were subjected to a blood test, seek counsel from an aggressive criminal defense lawyer like Evan Hoffman of The Hoffman Firm. Our firm has successfully represented clients charged with all kinds of DUI offenses.
Call (305) 928-1669 if your case is out of Miami, 954-737-3004 if your case is out of Broward County, now to meet with us during a free consultation. Serving clients in Miami and Fort Lauderdale.
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