Blood Test DUI Cases
In certain DUI cases, the arresting officer will request a blood sample. It is particularly likely the officer will request a blood sample if an accident occurred, if the driver is taken to the hospital, if the driver blew under the legal limit of 0.08, the officer suspects impairment caused by drugs or the driver is suspected of a felony DUI because of two or more prior convictions for DUI.
If you agreed to submit to a blood test, then contact an experienced DUI blood test attorney at the Law Offices of Don Pumphrey, Jr. Our lawyers represent men and women in DUI blood test cases throughout Tallahassee in Leon County, and the surrounding areas throughout Florida's Second Judicial Circuit including Crawfordville in Wakulla County, Quincy in Gadsden County, Bristol in Liberty County, or Monticello in Jefferson County.
Generally, the blood test results are more accurate than the breath test results. Although, in some ways, fighting the DUI blood test case can be easier than fighting the breath test case for several reasons:
- Prosecutors are typically less experienced in prosecuting DUI cases with a blood test result.
- The prosecutor is often required to present expert testimony before the results of the blood test are admissible at trial.
- The prosecutor often has a difficult time "tracking" the blood sample or proving the "chain of custody." If one part of that "chain of custody" cannot be established, the trial court may exclude any mention of the blood test at trial.
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Florida's Method of DUI Blood Test Analysis for Alcohol
When the arresting officer secures a blood sample for testing after a DUI arrest, the State of Florida's crime laboratories use a testing process called “gas chromatography.” The GC testing method uses measuring techniques to compare the subject's sample to a known standard. The known standard includes certified solutions which have been rested for being reliable measures of a certain alcohol content.
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Driving under the Influence of Drugs and Florida's Blood Test
When the driver takes the breath test and blows under the legal limit of 0.08, the arresting officer may request the driver submit to a urine test or a blood test. If the driver submits to the blood test, then the sample is sent to Florida's crime labs where tests are performed to look for the presence of certain drugs such as:
- cannainoids (indicating the ingestion of marijuana or cannabis);
- opiates;
- pain killers;
- sedatives;
- synthetic drugs such as K2 or spice;
- street drugs such as cocaine or heroin;
- prescription drugs; or
- even over the counter medication;
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Florida's Method of DUI Blood Test Analysis for Alcohol
When a blood sample is taken after a suspect is arrested for DUI, Florida's crime labs typically run certain “immunoassay” tests as a preliminary screening process. The "immunoassay" tests can determine the presence of certain types of drugs but not the quantity, which is important for concluding the driver would have been under the influence of the drugs at the time of driving. If such drugs are determined to be present, then the crime lab may order additional testing on the sample.
This process in DUI blood test cases is time consuming for prosecutors in Florida's Second Judicial Circuit, including Tallahassee in Leon County, FL. Florida's speedy trial rules require that a misdemeanor DUI case be brought to trial within 90 days of the arrest. Although the prosecutor may be entitled to a 15 day recapture period that entire time period of 105 days may not give the prosecutor sufficient time to prepare for trial.
When the blood sample is examined to find the presence of drugs during the preliminary "immunoassay" testing, a different type of testing is used called Gas chromatography Mass Spectrophotometry or "GC-MS" for short. This form of analysis produces a graph of data points containing certain "peaks." The chemist with the crime lab can then compare this data with known standards to determine the presence of certain illegal or prescription drugs.
In certain cases, the only sample available for test is the blood sample taken by the hospital for the purpose of medical treatment, often called "hospital blood." The hospital blood test is typically done on blood serum and not whole blood. Testing on serum blood is considered less accurate.
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Resources on Florida DUI Refusal
Consequences of a DUI Refusal in Florida - Read more about the consequences of refusing the breath, blood or urine test on the official website for Florida's Department of Highway Safety and Motor Vehicles concerning Physical and Chemical Test Provisions under Florida's Implied Consent Laws as provided in Florida Statute 316.1939, 316.1934, 316.1933 and 316.1932 including the fact that the refusal to submit to a blood, urine or breath test is generally admissible as evidence in DUI criminal proceedings, a second or subsequent refusal is a misdemeanor of the first degree, and a first refusal can result in a driver license suspension period for one year and a second refusal can result in a driver license suspension period for 18 months.
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The Law Offices of Don Pumphrey, Jr. - Tallahassee DUI Blood Test Attorney
If your DUI test involves testing a blood sample, contact an attorney experienced in fighting to exclude any mention of the blood test at trial or to challenge the results of the blood test at trial. Our DUI lawyers understand the importance of contesting this scientific evidence, which leads to the best pre-trial negotiations. Call today to speak directly with a criminal defense attorney about a DUI blood test case throughout Tallahassee in Leon County, and the surrounding areas throughout Florida's Second Judicial Circuit, including Quincy in Gadsden County, Crawfordville in Wakulla County, Monticello in Jefferson County or Bristol in Liberty County.