DUI Arrests and Blood Tests
Under Florida State Statues in Section 316.193 the offense of driving under the influence is determined by either a blood test and/or by the impairment of normal faculties. The legal limit for a blood alcohol content is .08% and above. In the field these two factors are most often determined by a breath test and field sobriety tests. In some cases, a blood test is required, particularly in cases in which there is a suspicion of drug intoxication.
As with most areas of the law this is not a straightforward matter. There are a number of rules, regulations and interpretations that can be involved in the matter of blood tests, how they were taken, and possibilities of challenging their validity. An experienced and accomplished West Palm Beach DUI lawyer is well versed in every aspect of this area of the law and will understand how to best proceed in handling your defense with regard to blood test evidence.
As a driver you should understand that under Florida’s “Implied Consent Law” you have given permission for samples of your blood, breath and/or urine to be tested if suspected of DUI. This is integrated into your acceptance of a driver’s license and the privilege of driving a car. You can refuse to take a blood test but this will result in an automatic suspension of your license for one year in a first refusal. Second and subsequent refusals will lead to longer suspensions and can be charged as misdemeanors. Keep in mind that a refusal will not avoid a DUI trial and that your fact of refusing a blood, urine or breath test will be admissible in any DUI proceedings.
In the case of a DUI involving serious bodily injury or death the law does not permit you to refuse a test. Our state laws allow for the use of reasonable force by police officials for the withdrawal of blood. In the case of unconsciousness consent to a blood test is assumed and permissible. In all cases where blood is withdrawn such actions can only be carried out by authorized medical personnel.
The Validity of Blood and Field Tests
A significant part of our job at DiRenzo & Weick is to closely examine and question every aspect of your DUI arrest. There are two main areas that we will immediately inspect for irregularities, violations of your rights and weaknesses in the blood or breath test evidence. These possible areas for the defense includes whether or not the officer had reasonable cause to stop you, and validity of any blood, breath or urine tests that were administered.
These tests have been determined to be inadmissible in many DUI cases when the testing was improperly administered or the lab results successfully challenged. Having defended numerous clients against such charges, we know exactly what to look for, what to question and how to present this data in court to defend you. We have successfully challenged blood test evidence and achieved a dismissal of charges for clients who face DUI charges.
Get help from an experienced legal team for your DUI defense. Contact a West Palm Beach DUI Blood Test Attorney without delay as these cases must be acted upon quickly.