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CHALLENGING THE BLOOD DRAWS

Under Florida Law, a person believed to be driving under the influence is required to submit to a breath or urine test following arrest. If you are arrested for a DUI in Clearwater and it is impractical to obtain a breath or urine test, police can request that you take a blood test if you appear for treatment at a hospital or other medical facility in which blood can be withdrawn. This test will be administered even if you are unconscious. If you are capable of refusing to take the blood test, police must inform you that failure to submit to the testing will result in a one year suspension of your license on a first refusal. If your license has been suspended previously as a result of a prior refusal, you will lose your license for 18 months and will be charged with an additional misdemeanor for refusal to submit to testing. Any refusal can be used as evidence against you in a criminal proceeding. Police can forcibly obtain a blood sample for purposes of determining the presence of alcohol or chemical substances if an accident resulted in serious bodily injury or death. If the State Attorney decides to use the blood sample to push forward with prosecution, the State must notify the driver of intent to subpoena the blood and medical results.

There are several ways in which a blood draw can be successfully challenged. Once blood has been extracted, strict and specific guidelines set out by the Department of Law Enforcement must be followed. These guidelines include extraction and preservation of the blood, as well as procedures for the actual test. Failure to substantially comply with these guidelines could result in suppression of the results. Further, the actual machines testing the blood can have both mechanical and human errors. If you gave a blood sample or received a subpoena from the State Attorney, contact our experienced DUI attorneys immediately at 727-222-3610 so that we can begin the investigation.

 

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Clearwater DUI Office Address (Satellite Office):
4500 140th Avenue North, Suite 101
Clearwater, FL 33762

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