DUI Attorney Miami
Blood Testing in Miami DUI Cases
Florida's Implied Consent law states that every driver will consent to a breath, blood or urine test if they are under the suspicion of drunk driving. Although breath testing is the most common method used in Florida, blood testing is seen on a regular basis, especially DUI cases involving a serious accident or death. In order for the State to use the results of a blood test, which are generally more reliable than a breath test, certain protocols must be followed.
- Driver's arm must be cleaned with a non-alcoholic solution.
- Blood sample collected in a vial or vacutainer tube.
- The person taking the sample must be a medical professional.
- Tube must be labeled with name of person tested, date and time sample was collected, and initials of person collecting sample.
- Blood must be properly stored and analysed within a certain time frame.
Attacking Blood Tests In DUI Cases
Any mistakes in the way the blood is taken, labeled, stored and analyzed is an avenue of defense for your DUI attorney in Miami. The prosecution must establish chain of custody and must introduce expert testimony prior to having the blood result entered into evidence. This is not an easy thing to do especially when you consider the prosecutors handling the majority of DUI cases in Miami have less than a year or two of experience. Trust me I've been there and learning how to properly introduce scientific evidence during a trial is not an easy thing. Mistakes are made and it is up to an experienced DUI Attorney in Miami that has actually tried DUI cases to notice these mistakes and make the proper objections. One major defense that is available and that I commonly use is the rising BAC defense. Alcohol in our bodies continues to rise after our last drink until the body completely absorbs all of the alcohol and starts to dissipate in our bodies. If blood was drawn hours after your arrest and, obviously, hours after your last drink, then it can be argued that your BAC level was under the legal limit at the time you were driving but only rose to the tested level because time had passed and your body was absorbing all the alcohol.
Bottom line is that if your DUI case involves a blood test there are ways to beat it and expose mistakes that are inevitably made by law enforcement and the prosecutors. A skilled and experienced DUI attorney in Miami can effectively attack blood evidence in DUI cases.
If you are facing a DUI in Miami please contact me directly so that I may answer any questions you have and provide you with a free case evaluation. My practice focuses on DUI defense in Miami. Let’s talk about your case and what defenses it might have.