American College of Attorneys Best of the Bar Award
10.0 Avvo Superb Lawyer Rating
Top 100 Trial Lawyers Award
Orlando Top Lawyers 2012 - 2024
Best Lawyers in America Award
Super Lawyers 2024 Award
Florida Legal Elite Award
Best Lawyers 2024 Award
Orlando Sentinel Best Bets Lawyer Award

Florida Blood Test

A blood test result that measures a driver’s blood alcohol concentration (BAC) over .08 may seem incriminating enough for a DUI conviction. However, there are several factors that can affect the accuracy of the test.

Orlando DUI attorneys at TK Law have the critical professional experience it takes to thoroughly examine all of the evidence in our client’s DUI case and fight for either a lesser charge or complete dismissal.

If you have been arrested for DUI or for refusing a blood test in the Orlando area, call 855-Kramer-Now (855-572-6376). We offer a free consultation.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Why a Blood Test

A blood test is one of three chemical tests that Florida police officers use to measure a driver’s BAC. A blood test is often considered the most accurate of chemical tests that measure DUI.

There are multiple reasons an arresting officer may request a driver take a blood test, including:

  • If there was an accident involved
  • If the driver was taken to the hospital
  • If the driver blew under the legal limit of .08
  • If there was suspicion of a drug impairment
  • If the driver is suspected of DUI or other DUI-related charges

A blood test sample could trace the presence of certain drugs in the blood stream, such as marijuana or cannabis; opiates; prescriptions and over-the-counter medications; synthetic drugs like K2 or spice; cocaine or heroin.

Florida Blood Test Procedure

Blood samples are sent to the Florida Department of Law Enforcement (FDLE) for testing. The lab uses an analytical process called “gas chromatography” that compares the driver’s sample to other tested, reliable samples of known alcohol content.

FDLE regularly evaluates the blood alcohol proficiency samples. According to the department itself, those results are not always satisfactory.

There are two categories of blood tests that can be given. Only qualified medical personnel can draw a blood sample in either category. An experienced DUI lawyer knows that if specific procedures are not followed, any evidence relating to a blood test sample could be completely disregarded in court.

  • Legal Blood Sample

A legal blood draw is performed when it seems impractical to perform another chemical test, such as when an accident is involved. A qualified medical official takes the blood sample and it is sent to the FDLE for testing. In preliminary testing, the sample usually determines the type of drugs in a driver’s system, but does not determine the quantity.

  • Medical Blood Sample

Also called “hospital blood,” a medical blood draw is blood that the prosecution secures through a subpoena from the hospital where the driver may have been treated and had blood drawn after suspicion for DUI. The State must inform the accused driver at least 10 days before the subpoena of the intent to gain the results.

Hospital blood tests are generally performed on blood serum and not whole blood. This is important for your attorney to know, because serum blood test results may be less accurate.

Refusing a Blood Test

A driver must give an official consent to draw blood after suspicion of DUI in most situations. Two exceptions to having to get a driver’s consent are when an accident that resulted in death or serious bodily injury has taken place, or when the driver is rendered unconscious.

Florida’s implied consent law states that every person with a valid Florida driver’s license has technically already consented to chemical testing if he or she is stopped for suspicion of DUI.

TK Law has represented hundreds of clients facing DUI. Each case has its own unique factors. If you refuse or fail a Florida blood test, an Orlando DUI attorney at our firm can represent you from the beginning of the case to aim for a fair conclusion.

Call TK Law today: 855-Kramer-Now (855-572-6376).

Our DUI Video Help has more information about Florida DUI cases.

Free Case Review

All free case evaluations are reviewed by our legal team. For immediate assistance, please call us at 407-834-4847.

quick Links


Make Your Best Decision Today


Schedule your case review so we can help you.



During your consultation we’ll review your options and see if we’re a right fit for you.



If we take on your case, you’ll be represented by the best.

Get Your Free Case Evaluation Today

The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.



Our best awards are
client victories

Roy P.
Mar. 2024
Read More
Gastell and Kayla were awesome! They helped me make it through a very challenging time in my life with kindness and compassion. They were always available to answer my questions and kept me up to date. Their counsel was extremely helpful in aiding a resolution that I am very satisfied with.
Carmen D.
Mar. 2024
Read More
I give this law firm a 5 star. Ray and Janelise helped us with our probate issue and made the process a lot easier for us to finalized all of it. We're very thankful to this law office and recommend them for any legal issues.Thank you Janelisse and Ray and the entire office .
Alysia T.
Jan. 2024
Read More
I am thankful to Janelise and Kayla at TK Law for a fantastic job. Kayla guided me through every step of my divorce process. She is patient, professional, and honest. I highly recommend them!
Chris O.
Dec. 2023
Read More
This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.

*Top-rating from clients and award publications such as Orlando Weekly, US News & more.​


Schedule Your Case Evaluation

We offer payment plans, accept credit cards, are available for evening appointments and our main office is conveniently located right off of I-4, between 436 and 434. For immediate help call: 407-834-4847.


The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Phone: 407-834-4847
999 Douglas Ave #3333, Altamonte Springs, FL 32714

Service Areas

Orange & Seminole County, Florida.