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When you think of being stopped on suspicion of driving while intoxicated, the common image that comes to mind is a police officer administering a breathalyzer test to measure your blood alcohol concentration (BAC). This scenario, however, doesn’t always hold true in every case. In certain situations, especially where factual circumstances dictate a different approach, alternative methods such as an Orlando DUI blood test or urine test may be employed. These methods are used based on specific situational needs, such as when a breathalyzer is not available or if the officer suspects drug use which cannot be detected by a breathalyzer.

Although blood test results are generally considered to be more accurate than breathalyzer tests, they are not infallible. There are various grounds on which the reliability of these tests can be challenged in court. Factors such as the method of collection, storage of the blood sample, the possibility of contamination, and the qualifications of the person administering the test can all be questioned. Furthermore, the timing of the test in relation to when you were driving is also crucial, as BAC levels can fluctuate over time.

If You Are Challenging Blood Tests, Hire an Orlando DUI Attorney

Given these complexities, it’s crucial to have the expertise of a knowledgeable DUI attorney on your side. The legal team at Katz & Phillips, P.A. is well-versed in scrutinizing and challenging the results of blood and urine tests in DUI cases. They understand the technicalities and legal nuances involved in handling such evidence and can deploy strategies to question its validity effectively. Their experience in dealing with DUI cases means they are adept at navigating the intricacies of BAC testing and can provide invaluable assistance in ensuring that your rights are protected throughout the legal process.

While blood and urine tests are alternative methods to a breathalyzer in determining BAC, their results are not beyond dispute. Having a seasoned DUI attorney like those at Katz & Phillips, P.A. becomes indispensable in effectively challenging such evidence and advocating for your best interests in your DUI case.

While failing a blood test may seem like the final nail in a DUI case, skilled DUI lawyers can take the evidence and fight against it.  Evidence can be challenged in many situations, so you should not rule anything out.   For example, if the personnel administering the test was not given proper training, the test results can be thrown up for debate.  Other errors that could be questionable include:

Defending Against DUI Blood Test Evidence

In many DUI cases, there may be grounds for your Katz & Phillips, P.A. DUI defense attorney to challenge the legitimacy or accuracy of the results of your blood test in Orlando. Many technicians and medical personnel may have access to blood samples and test results, which can increase the chances of the blood sample being improperly handled, tests improperly run, and samples inadvertently tainted by other foreign substances. Those individuals who handle blood samples must be properly trained and certified in the state of Florida, and expert testimony is typically necessary in order to introduce Orlando DUI blood test results in court. Therefore, there are a number of bases upon which your attorney may be able to discredit or even have the blood test results thrown out of your DUI case, depending on the facts surrounding your case.

Using Orlando DUI Blood Tests as Evidence

When an individual is suspected of driving under the influence of alcohol or drugs, there are a variety of circumstances under which law enforcement officers will request that the individual undergo a blood test in Orlando. For instance, a police officer might seek a warrant ordering a driver to give a blood sample to test for the presence of alcohol or drugs in the following situations:

  • The driver has been involved in an accident.
  • The driver is hospitalized following an accident and is unable to submit to a breathalyzer or other form of BAC testing.
  • The driver has refused to take a breathalyzer or breath test when suspected of DUI.
  • The driver’s BAC measures under the legal limit, but the police officer suspects that the driver may be under the influence of drugs.

While blood tests may not be the most commonly used type of test to measure a driver’s BAC, it certainly is an option that is used by law enforcement authorities in certain situations where a breathalyzer is impossible, impractical, or does not yield results that are consistent with an officer’s observations. Furthermore, Orlando DUI blood test results are typically more accurate than other BAC tests, so their results can constitute strong evidence of a driver’s impairment.

DUI Lawyer in Orlando Challenging Blood Tests

Law enforcement uses several different tests to measure a person’s blood alcohol concentration (BAC).  Two of the most common tests used are field sobriety and breath tests.  However, one test that outranks all others in accuracy is the blood test.

According to Florida Statute 316.1932, if you get behind the wheel of your car, you automatically assume consent for a blood test.  Refusal of this could result in a one-year driver’s license suspension and an 18-month suspension for any previous refusals on your record.

Blood Sample Was Tainted by Chemicals Used to Clean the Arm

  • Blood kit was not properly stored (past expiration, improper temperature, etc.)
  • Blood vial containers were not preserved carefully – possibly improperly labeled
  • Blood was not drawn at a reasonable time following the arrest

Blood tests are significantly more accurate than breath tests, but you should know that they are not perfect.  Tests of any kind can be subject to human error, resulting in the harsh penalties for a criminal conviction to an undeserving individual.

Defend Your Rights Now – Contact an Orlando Blood Test Law Firm

Your future is important, and you deserve the right to fight for it every chance you get.  At Katz & Phillips, P.A., we are devoted to addressing every nuance and every little detail to ensure that you are given a fair fight.  Put your trust in a team of lawyers who are dedicated to the case every step of the way!

For legal aid in challenging a blood test, contact an Orlando DUI attorney at our firm today!