Blood Tests

Blood Tests and DUI in Tampa Florida

Although used less frequently than breathalyzer tests, blood tests may be administered by law enforcement under certain circumstances for DUI (driving under the influence). A blood test is administered by taking a sample of the driver's blood and then testing it to determine the level of alcohol in the blood. Depending upon the level found, a driver may face DUI charges. In Tampa, and throughout Florida, there are two types of blood tests. As discussed above, the first blood test occurs when ordered by law enforcement. This is called a "legal" blood draw. Additionally, some blood draws occur as a result of medical treatment at a hospital for example. This is called a "medical" bood draw. However, because people have privacy rights relating to medical records, the prosecutor is not entitled to a medical blood draw without permission from the court. The most common type of blood draw occurs when it is ordered by law enforcement. However, law enforcement can only order a blood draw under certain circumstances. If someone was either killed or seriously injured than the police can forcibly order a blood draw. When a person is involved in an accident, appears at a medical facility (including an ambulance), and the administration of a breath test is either impossible or impractical, law enforcement can request a blood draw. Finally, there are circumstances whereby a blood test is simply more convenient. Under a Florida decision called State v. Chu, law enforcement may request a blood test, but must first inform the person that the test is completely voluntary and used as an alternative to a breath test.

You may have been pulled over and arrested for DUI in Tampa, and you submitted to a blood test. Or, you may have submitted to a blood test and have not yet been arrested. It is important to consult an attorney as soon as possible. Even if you failed or refused a blood test, there are ways that an experienced Tampa DUI attorney can defend your rights in criminal court and at your DMV hearing. In fact, there are particular arguments your attorney can raise in regard to the administration of the blood test, the handling of the blood sample, and more. Even a refusal to provide such a sample can be challenged at your DMV hearing or at Court.

Possible challenges to a blood test include:

• The officer was not entitled to request a blood test
• The breath test was practical or possible
• The test was not administered by a trained or qualified individual.
• The blood sample was mishandled.
• The blood sample was not mixed properly, leading to fermentation.
• The blood test kit was expired.
• There was a "break" in the chain of custody.

Consult a Tampa DUI Lawyer

At Parks & Braxton, our legal team is standing by to see how we can assist you in challenging your Tampa DUI charges. With over forty years of legal experience and extensive resources to use in defending your rights, we are confident that we can help you seek the best possible resolution to your case. We can review all aspects of your blood test and can conduct an independent analysis to determine whether it was tested properly.