Florida DUI BLOOD

Blood Tests are one of the three types of chemical tests used to determine whether a person is under the influence of alcohol or a controlled substance in Florida.

DUI Blood Tests are not common in ordinary DUI cases but are common in DUI death or DUI with Serious Bodily Injury Cases. The blood tests are either taken specific to a request by law enforcement during the investigation or as a part of the standard hospital admission practice and are acquired by the State Attorney through a subpoena.

Under current law, the police can cause a blood draw to be taken by force, if necessary, if it suspected that a person was involved in a DUI and a death or serious bodily injury resulted. This means that if a driver is suspected of DUI the police may order a paramedic to take the persons blood, even against their will. The police can also require a forced blood draw in the hospital or anywhere else.

Florida DUI law Also allows the police to take a blood test if a person is suspected of DUI and a Breath and/or urine test is not available. This is common when a person is being investigated for DUI, and they complain of chest pains or not feeling well, and the police take the person to a hospital then, a breath test is not available so they demand blood. Often times I think this is done more to get around the DUI laws or a persons refusal to provide a breath test, rather than actual necessity.

Many times the police do not request a “legal” blood draw until after they check with the hospital staff and find out what the “medical” blood draw result is. The police usually ask the nurse or someone else for the result and then if it is over a specified amount or there are narcotics then the police demand a “legal” blood draw.

There are many defenses available regarding blood results. These defenses depend on the circumstances under which the blood was requested or drawn, for what purpose the blood was drawn, and other factors.