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
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 Certain elements such as outdated equipment, contaminated samples and other issues could lead to false positive.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- Testing kit was outdated;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
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.
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.
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.