DUI Blood Test
Blood tests used to determine if someone is driving while under the influence (DUI) are the most accurate. The frequency in which blood tests are used is due to the fact that they can also indicate if there is a presence of drugs in a driver suspected of DUI. However, there are various circumstances in which the test can be done improperly which allows for different defenses that a knowledgable Gainesville DUI attorney can utilize.
Florida law restricts blood testing for a DUI, whereby blood cannot be forcibly taken unless there has been serious injury during an accident in which a law enforcement officer has reasonable cause to believe that drugs or alcohol were influencing the driver that caused the accident.
Contact Musca Law if you’ve been arrested for a DUI in Gainesville and were given a blood test so you can discuss the different avenues open to you with an experienced and talented Gainesville DUI attorney.
Complicated Blood Test Prosecution
As with other tests involved in a DUI case, blood samples must be collected and used properly and within legal parameters. While blood tests are considered more reliable they can still be problematic for Florida’s prosecutors. For example: A prosecutor must be able to show that there was probable cause for requiring a blood test when you are given a Gainesville DUI. It can’t be taken under the false premise that it’s “medical blood” used for treating an injury.
Additionally, if the blood taken was handled improperly or not drawn by a specifically trained medical professional, there is a greater chance that Gainesville DUI attorneys will be able to have the blood evidence considered inadmissible in court.
What a Good Attorney Can Do
A good Gainesville DUI attorney will know how to use the inconsistencies and confusion created by a DUI blood test as a part of your strategic defense. Due to the numerous ways that blood testing can be done wrong, the results by themselves are not typically enough to bring a conviction. With the skilled help of the Gainesville DUI defense attorneys at Musca Law, we can help you fight the test results and you’re rights under the law can be preserved.