DUI Blood Test

DUI Blood Test St. Petersburg  FL

A lot of people wonder what they would do if they were pulled over by a police officer and asked to consent to a sobriety test. What should you do? Should you admit that you were drinking? What is the process of having one’s blood tested? It’s important to understand what will happen if you take or refuse to take a blood test.

DUI Blood Test St. Petersburg  FL

What is an “implied consent” law?

Nobody wants to be hurt while driving on the road, so the Division of Motor Vehicles (DMV) is very particular about who they allow to have the privilege of driving. When you sign your driver’s license, you imply consent to a lawful breath, blood or urine test to determine whether or not you have drugs or alcohol in your system, and how much. You also signed an agreement to obey all pertinent traffic laws. If a police officer arrests you for DUI, they will remind you of your consent agreement. If you refuse to provide a breath test, your license will be automatically suspended. On the other hand, the results of your breath test can be used against you in a criminal prosecution. 

When The Police Can Ask For A Blood Test

Florida police officers can request a blood test when a DUI suspect has been injured in a motor vehicle accident and is in a healthcare facility. The healthcare provider who is treating the injured motorist can draw blood from the patient, and then notify the police of the results. They will force a blood test if the suspect was involved in a motor vehicle accident where they caused death or serious bodily injury.

Officers can also request a blood test if a breath or urine test is impractical or impossible. For example, a breathalyzer test will only test for alcohol, not for other drugs.

Lastly, the suspect can volunteer to submit to a blood test.

What if I refuse the breath or urine test?

If you refuse to be tested, then your driver’s license will be automatically revoked. But this may be a better outcome than facing all of the consequences of a DUI charge. You will want to speak to a DUI defense attorney about your specific case. If you are involved in an accident with injuries, the police can request medical professionals to draw blood against your will or subpoena hospital blood results for criminal prosecution.

Why You Need A DUI Defense Lawyer

If you have been arrested for DUI then you are facing serious consequences including but not limited to: jail time, license suspension, community service, having an ignition interlock device installed on your car and you may have to complete an alcohol education course. If you have any prior DUIs in Florida or in any other U.S. state, then your consequences will increase with each offense.

There are a couple of defenses that your St. Petersburg drunk driving lawyer can use:

  • Breathalyzer: if the machine is not properly calibrated then the readings may be false.
  • Blood test: If the procedure used by the technician or phlebotomist was not correct, then the results may be dismissed. 
  • Notification of your rights: Law-enforcement officers are required to notify people they detain of their rights before conducting a test.
  • No reasonable suspicion: According to a Florida Supreme Court ruling in 2011, tests can only be administered if officers have a reasonable suspicion that the driver is impaired due to a substance. Your DUI attorney can fight for you if you believe that there was no reason for the officer to pull you over.

If you’re facing criminal charges then there is no time to delay. Your ability to drive is at risk. So, call DUI defense attorney Christopher M. Sierra, P.A. in St. Petersburg to schedule your consultation to talk about your case.