• Sarasota Florida DUI Attorney
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Challenging The Blood Draws

A police officer does not have the right to automatically take your blood if they suspect you have committed the crime of DUI. In fact, the opposite is true. Blood can only be taken under certain circumstances.

Florida Statute Section 316.1933(1)(a), states that you have to submit to a blood test, if the officer has probable cause to believe “that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages ... has caused the death or serious bodily injury of a human being.” If there is death or serious bodily injury the officer can force you to give blood even if you don’t want to. If there has not been serious bodily injury or death an officer can NOT force you to give a blood sample. However, you can always give a sample voluntarily.

If you have given a blood sample, there are several ways to challenge the result. Some of the methods we question are:

  • Was there a legal reason to draw the blood?
  • Did a licensed person draw the blood?
  • Were the proper preservation procedures followed?
  • Did the lab technicians perform the proper tests?
  • What was the time periods involved?
  • At the offices of Finebloom & Haenel understand the blood draw procedures. We know what to challenge and what to question to ensure that inaccurate results are not used against you. If you have a blood draw case the defense can be complicated. Speak to an experienced professional now. Call us at 941-404-5073 and let us help you!


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