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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)
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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.

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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.

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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.

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