DUI Blood Test

Of the many tests used by law enforcement officials to determine capacity in driving under the influence (DUI) cases, the blood test is arguably the most reliable. Even though a DUI blood test is not subject to the same reliability scrutiny as a breath test, there are still many ways this test can go wrong, creating many defenses that can be used by a skilled Tampa DUI attorney. If you have gotten a DUI in Tampa and you submitted to a blood test, call Musca Law immediately to discuss your options with a knowledgeable and talented Tampa DUI lawyer.

Blood tests are often used because they are more reliable in showing blood alcohol level and because they often show the presence of drugs in the driver. Blood tests are limited by Florida law, however. They can only be taken by force when serious injury has occurred in the accident and the officer has a reasonable belief that drugs or alcohol were present in the driver. As you might guess, this leads to some wiggle room for a savvy Tampa DUI attorney.

Complicated Blood Test Prosecution

Though the blood test offers greater reliability, it poses many problems for Florida prosecutors. For one, when you get a Tampa DUI that requires a blood test, the prosecutor must show that he had probable cause to use your blood and that it was not just “medical blood” taken for the purposes of treating your injuries. Likewise, prosecutors are less familiar with these cases and blood test prosecution tends to be more time consuming and expensive.

The prosecution must also show that the blood was taken by a properly trained medical professional and that the professional did everything right. If the blood was handled improperly at any point, there is a good chance Tampa DUI lawyers can move to have the blood evidence thrown out of the case.

What A Good Attorney Can Do

A DUI blood test creates inconsistencies and confusion. This is where good attorneys are able to step in and use these ambiguities to argue in your favor. With so many ways for blood testing to go wrong, the results are rarely important enough to bring a conviction on their own. Through careful work from our skilled defense attorneys, you can fight the results and preserve your rights under the law. The Tampa DUI attorneys at Musca Law will make sure all of your possible defenses are covered.