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Blood Test

You probably associate officers arresting drunk drivers with a breathalyzer test. What you might not realize is that police officers also use blood testing to determine a person’s blood alcohol concentration (BAC). However, these tests aren’t very reliable and can result in skewed results based on certain environmental factors.

If you or someone you know has refused or submitted to a DUI blood test, then it’s important you seek legal representation. A blood test can be contested with an experienced defense who has background in chemical testing. A formidable attorney can identify any factors that may be the cause of any misleading results.

DUI Attorney for Blood Tests in Palm Beach County, FL

Having a skilled and resourceful attorney on your side can be the difference between a conviction or not. If you have been arrested for DUI, then contact Meltzer & Bell, P.A.. The knowledgeable attorneys at Meltzer & Bell, P.A. can fight for you and your rights as soon as possible.

We recommend you call (561) 557-8686 to set up your first free consultation. Our team will set up your first appointment free to discuss your charges. Our offices can be found in West Palm Beach but we practice throughout the greater Palm Beach County area including Jupiter and Wellington.

Overview of Blood Tests in Florida

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Issues with DUI Blood Tests in Florida

Police officers will use blood testing in cases where they feel they need more accurate results. This is because blood analysis is the most precise kind of chemical DUI testing. They often use blood tests with people under the influence of drugs or if a breathalyzer test failed.

External and environmental factors can easily skew blood test results. Certain elements such as outdated equipment, contaminated samples and other issues could lead to false positive.

Listed below are some issues commonly associated with DUI blood testing.

  • Contaminated samples;
  • Testing kit was outdated;
  • Sample decomposition;
  • No second blood test was given;
  • The second blood test gave vastly different results;
  • Break in chain of custody causing confusion;
  • Amount of blood taken was insufficient;
  • Sample was stored incorrectly;
  • Unsanitary testing conditions’
  • The medical equipment wasn’t sterilized;
  • The sample was contaminated by alcohol during sterilization;
  • The sample was mislabeled;
  • Inadequate training of staff;
  • The results were interpreted improperly; or
  • The sample was tampered with

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Should You Refuse a DUI Blood Test in Florida?

Submitting to a DUI chemical test could give the prosecution very good ammunition for your case. They will have concrete scientific evidence that clearly shows you were inebriated. However, refusing chemical testing comes with its own set of consequences.

Refusing chemical tests such as blood, breath or urine analysis will result in an administrative license suspension. This is due to implied consent laws, which state you must comply with law enforcement chemical testing if you are using Florida’s public roads. A first refusal will result in a one-year suspension term and the second refusal can lead to a 19-month suspension.

Although your license will be suspended for a refusal, most attorneys would recommend you refuse. The consequences of a suspension are much less severe than a DUI conviction. Not only that, but if you submit and fail a DUI test your license will be suspended anyway for up to six months. All in all, refusing is a much better option than complying with DUI testing.

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Additional Resources

Florida DUI Statute – Visit the official website for Online Sunshine, a collection of Florida state laws. Access the site to learn more about DUI penalties, diversion programs, 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 for a DUI. Learn the penalties for a DUI such as fines, impoundment, imprisonment and conditions of release.

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Lawyer for DUI Blood Tests in West Palm Beach, FL

If you or someone you know has been arrested for DUI, then get in contact with the experienced attorneys at Meltzer & Bell, P.A.. Our defense lawyers understand how stressful DUI charges are and we want to provide our resources and insight to help. Don’t be idle another moment and contact us now.

You can call us at (561) 557-8686 today to set up your first consultation. Our defense attorneys can assist you with excellent legal representation. We practice throughout the greater West Palm Beach area including Delray Beach, Jupiter, and Wellington.

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Thousands of Big Wins in Florida

Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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I was arrested with a DUI and as soon as I could starting doing research for an attorney. I saw the reviews on Meltzer & Bell and decided to call them. It was a Saturday at 1pm and within minutes of leaving a message I received a call from Matt Shafran. Then by 3pm I was sitting in front of him in the WPB office. Just spending the worst 12 hours of my life, Matt was a life saver. He explained the process and what I needed to do in order to keep my license while he worked on my case. He was always available by cell or email. In less than a month, he was able to get all my charges dropped and didn’t even spend time court.

Thank you, Matt!!! I truly appreciate all of your help and support in clearing my name!!!

E.P.
06 Sep 2023

This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023
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