Most think of breathalyzers when they hear the terms chemical DUI testing. However, there are other forms of DUI testing that measures blood-alcohol concentration (BAC) such as blood or urine analysis. Officers will employ these tests when a breathalyzer yields a result under .08 BAC or if the officer suspects the accused is under the influence of a controlled substance.
Unfortunately, blood analysis is not a flawless method to determine BAC. A blood test can yield skewed results if certain issues arise such as poor storage, contamination by lab personnel or issues within a chain of custody at the lab. That means if an officer measured your BAC with a blood draw, then the results may be dubious. Therefore, you could be convicted of driving under the influence simply because of a faulty blood test.
If you or someone you know has been charged with DUI, then it’s imperative you seek experienced criminal defense attorney.
DUI Attorney for Blood Analysis in St. Lucie County, FL
The penalties for driving under the influence are nothing to laugh about. You could be required to pay steep fines and even spend time in jail. If you or someone you know has been arrested for DUI, we suggest you get in contact with Meltzer & Bell. Let us be your guide through this judiciary process by providing excellent legal service for your case.
Get in contact with us at (772) 248-1215 to set up your first consultation free. Our offices practice throughout the Treasure Coast area such as Martin County and St. Lucie County, Florida. Do what’s best for your future and find experienced counsel today.
Overview of Blood Analysis Tests in FL
Are DUI Blood Tests Accurate?
Law enforcement utilize blood tests when they are in need of more accurate BAC results. They often will ask a person to comply with a blood draw if they are under suspicion of driving under the influence of a controlled substance. DUI blood analysis is much more accurate than breathalyzer or urinalysis, but it does come with its own set of problems.
Environmental and outside factors can easily lead to a false BAC reading. Some of these factors include contaminated samples, outdated equipment and poorly stored tests. Listed below are some issues that are commonly associated with DUI blood analysis.
- Sample decomposition;
- No second blood test was given;
- The second blood test gave vastly different results;
- Break in chain of custody causing confusion;
- Contaminated samples;
- Inadequate training of staff;
- The results were interpreted improperly;
- The sample was tampered with
- Testing kit was outdated;
- Amount of blood taken was insufficient;
- The medical equipment wasn’t sterilized;
- The sample was contaminated by alcohol during sterilization;
- The sample was mislabeled;
- Sample was stored incorrectly; or
- Unsanitary testing conditions
What Happens if You Refuse a DUI Blood Draw?
When the prosecution has your blood test results it means they will have concrete scientific evidence of your intoxication. It could give them ample ammunition and be the reason why you are convicted. So, it may be the best decision to refuse a blood test from law enforcement.
However, it’s important to understand if you refuse a chemical DUI test then you will have violated implied consent laws. These laws state you must submit to DUI chemical testing with law enforcement if they ask you to give a blood, breath or urine sample. A first-time refusal will lead to a one-year suspension and a second will lead to an 18-month suspension.
It might seem counter intuitive to refuse testing by law enforcement, but many attorneys would recommend you say no to a DUI blood draw. The penalties for violating implied consent laws are much lighter than a DUI conviction. You can have your license suspension terminated, reduced or receive a hardship license with an administrative license revocation hearing. However, if the prosecutor has your blood DUI evidence you may have to deal with a suspended license as well as the statutory penalties of DUI.
Florida DUI Statute – Visit the official website for the Florida Statutes to read their section on driving under the influence (DUI). Access the site to learn more about diversion programs for the DUI, DUI penalties, suspension terms and other important DUI information.
Florida DUI and Suspension Laws – Visit the official website for the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and find more information about administrative penalties of DUI and refusing DUI testing. Learn the penalties for a DUI such as impoundment, fines, imprisonment and conditions of release.
Port St. Lucie Lawyer for DUI Blood Draw in Florida
Driving under the influence is a serious charge with life altering penalties. A conviction could affect future job, loan or educational opportunities. That is why we highly suggest you gain legal counsel with Meltzer & Bell if you’ve been charged with DUI. Our attorneys have extensive DUI law experience that can be used for your case. Get ahead of the prosecution by calling Meltzer & Bell now.
You can call us at (772) 248-1215 and set up your first consultation. We will chart out a defense plan for your case and inform you on your next best step. Meltzer & Bell accepts clients throughout the greater St. Lucie County and Martin County area.