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Blood Alcohol Test – Florida DUI Law

Under Florida DUI law, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If a person is found to be operating a motor vehicle with a BAC of 0.08% or higher, they can be arrested and charged with DUI. If you have been arrested for DUI, you should contact a Tampa DUI lawyer for legal advice right away. A DUI attorney can review the evidence and help you develop a legal strategy to fight the charges.

Under Florida Statute §316.1932, you are required to submit to a breath or blood test if police have reason to believe that you have been driving while under the influence of drugs or alcohol. Any person operating a motor vehicle in Florida is essentially giving implied consent to take a chemical or physical test for intoxication or drug use. Refusing to participate in a blood test will result in a driver’s license automatically being suspended for 1 year.

Blood alcohol tests are less common than breath tests; however, they can be a crucial piece of evidence for prosecutors to rely on in DUI cases. Blood alcohol tests are commonly used by law enforcement after an auto accident that police believe was caused by drunk driving. A blood alcohol test directly measures the blood alcohol concentration of a driver. This test is done by drawing two blood samples from the driver, mixing it with a preservative, and then sending the samples to a crime lab, as well as an independent lab, for analysis. Blood alcohol tests are more reliable than breathalyzer tests; however, blood tests are susceptible to error and can be successfully challenged by a Tampa DUI attorney experienced in DUI blood alcohol tests.

Challenging the Blood Alcohol Test Results

Errors in the administration and analysis of blood alcohol tests by law enforcement are not uncommon. Blood alcohol tests can provide false results if the testing was administered without proper sterilization, coagulation, fermentation, refrigeration, or markings. Any inconsistencies or errors such as these could result in the blood test being inadmissible as evidence in court. Also, if the results of the blood tests administered by the crime lab and independent lab differ in their results, both tests may be thrown out of court.

If the blood test is inadmissible in court the prosecutor may not have enough evidence to convict you and the charges may be dropped. At Florida Law Advisers, P.A. we carefully scrutinize every detail of the blood alcohol test to identify any potential errors. If there was an error in the testing process at the time of your arrest we can aggressively fight to have the charges dropped and the case dismissed.

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