Defense Against Blood Tests

When Are Blood Tests Used for DUIs in Florida?

In the state of Florida, blood tests for determining blood alcohol content (BAC) or the presence of drugs are typically reserved for specific DUI scenarios, which can be found in Florida Statute 316.1932. These instances include situations where:

• The suspect is involved in a traffic accident resulting in serious bodily injury or death. Under such circumstances, law enforcement officers have the authority to require a blood test, regardless of the suspect’s consent. This is to ensure accurate and reliable evidence for potential criminal charges.
• The suspect has appeared for treatment at a hospital, clinic, or other medical facility, and the administration of a breath or urine test is impractical or impossible.

Challenging Blood Tests in DUI Cases

The experienced board-certified* DUI Defense Expert attorneys and our team at Katz & Phillips, P.A., can employ multiple strategies to challenge the results and validity of blood tests in DUI cases. Some common defenses against blood tests include:

Improper Procedure

The attorney may argue that law enforcement officers did not follow proper procedures when administering the blood test. This could involve issues such as:

• Lack of probable cause or reasonable suspicion to warrant the test: If the police did not have a valid reason to believe the suspect was impaired, the blood test could be deemed inadmissible.
• Failure to obtain a proper warrant in situations where the suspect did not provide consent: The Fourth Amendment protects individuals from unreasonable searches and seizures. If a warrant was not obtained when required, the evidence gathered could be challenged.
• Incorrect handling, storage, or labeling of the blood sample, potentially leading to contamination or mix-up: Proper chain of custody procedures must be followed to ensure the integrity of the sample. Any deviation from these protocols can cast doubt on the reliability of the results.

Chain of Custody

Maintaining an unbroken chain of custody is crucial for the integrity of a blood sample. The attorney will scrutinize the documentation and handling of the sample to identify any breaks or inconsistencies in the chain of custody that could have compromised the sample. 

This includes:

• Ensuring that all persons who handled the sample are properly documented.
• Verifying that the sample was stored at the correct temperature to prevent degradation.
• Confirming that the sample was securely transported to the testing facility without contamination or tampering.

Testing Errors

Blood tests are not infallible and can be subject to various technical errors. If applicable to the facts of your case, our attorneys might challenge the accuracy of the results by examining:

• Calibration and maintenance records of the testing equipment: Regular maintenance and calibration are essential for accurate test results. If the equipment was not properly maintained, the results could be flawed.
• Qualification and training of the personnel conducting the test: The competency of the technicians performing the test is critical. Inadequate training or certification can lead to mistakes in the testing process.
• Potential contamination or improper handling during the analysis process: Any contamination during testing can result in inaccurate readings. The attorney will look for evidence of mishandling or contamination.

Medical Conditions and Medications

Certain medical conditions or medications can affect BAC readings or mimic impairment. An attorney may present evidence of such conditions to cast doubt on the test results. 

For example:

• Diabetes: Individuals with diabetes can have higher levels of acetone in their breath, which may be misinterpreted as alcohol by some testing devices.
• Medications containing alcohol: Over-the-counter and prescription medications may contain alcohol, potentially leading to elevated BAC readings.
• Other medical conditions: Conditions such as acid reflux or GERD can cause alcohol from the stomach to enter the mouth, affecting breath test results.

Alternative Explanations

The attorney might offer alternative explanations for the suspect’s behavior or physical signs of impairment, such as:

• Fatigue: Lack of sleep can cause symptoms similar to intoxication, including slow reaction times and impaired judgment.
• Anxiety: Nervousness or anxiety can result in erratic driving or slurred speech, which may be mistaken for signs of impairment.
• Non-alcohol-related causes: Various factors, such as stress, illness, or environmental conditions, can affect a person’s behavior and appearance.

Advanced Legal Strategies for Challenging Blood Tests

In addition to the common defenses mentioned above, our experienced DUI attorneys employ advanced legal strategies and expert testimonies to reinforce their client’s defense:

Expert Witnesses

An attorney may call upon expert witnesses to testify on various aspects of the blood test process. These experts can provide valuable insights into potential flaws in the testing methodology, equipment, or procedures. Their testimony can significantly impact the credibility of the prosecution’s evidence. 

Through our combined decades of experience, we have worked with some of the leading experts in the country, hiring them to consult on and testify in our clients’ cases. Our experience and reputation throughout the country have allowed us to develop relationships with the leading experts in DUI; whether it is regarding field sobriety tests, accident reconstruction, breath testing, urine testing, blood testing, or other areas of DUI defense, we have worked with and have access to the nation’s leading experts.

Scientific Evidence

Utilizing scientific evidence to challenge the test results is another effective strategy. This may involve:

• Presenting alternative scientific studies: Highlighting research that questions the reliability of certain testing methods or the effects of specific substances on BAC levels.
• Reanalyzing the blood sample: Requesting an independent laboratory to reanalyze the blood sample to verify the accuracy of the initial test results.
• Through our membership and association with the National College for DUI Defense, we have access to the largest scientific database of DUI studies, articles, and expert analyses of all the major breath and blood testing devices and methods.  We frequently use these in defense of our clients to challenge incorrect scientific conclusions by the State’s witnesses and experts.

Constitutional Challenges

Attorneys can also raise constitutional challenges related to the Fourth Amendment (unreasonable searches and seizures) and the Fifth Amendment (self-incrimination). These challenges may focus on:

• Illegal search and seizure: Arguing that the blood test was conducted without proper legal authority or probable cause.
• Violation of due process: Claiming that the suspect’s rights were violated during the arrest or testing process.

Contact Our Experienced DUI Defense Law Firm

In conclusion, while blood tests are a critical tool in DUI enforcement in Florida, their results can be contested through various legal strategies. 

An experienced Orlando DUI defense attorney like the board-certified* DUI Defense Experts at Katz & Phillips, P.A. can meticulously review the circumstances and procedures surrounding the blood test to build a robust defense for you. 

By leveraging expert testimony, scientific evidence, and constitutional protections, our attorneys can effectively challenge the validity of blood test results and advocate for your rights.