Blood Test Defense Lawyer | Florida Defense

Can a blood test be challenged in a Florida DUI case?

Yes. A blood result is the end product of a series of steps, and each step can be reviewed: who drew the blood, how it was collected, how the tube was labeled, sealed, stored and transported, and how the laboratory analyzed it. A gap or error at any point can affect how much weight the result deserves.

Blood tests are used in some DUI cases, such as when a breath test is not possible or drugs are suspected. After a crash, or when a driver is taken for medical care, blood may be the main chemical evidence in the case.

Following the sample from the draw to the lab

Chain of custody is the record of every person who handled the sample between the draw and the analysis. Discovery gives the defense that paperwork, and Florida allows depositions of witnesses, which can include the people who collected, transported or tested the sample. For a misdemeanor DUI, though, Florida's rules limit depositions, and the defense generally has to show good cause to take one.

Missing entries, unclear labels, delays or storage questions are documented and raised where they matter. The goal is to know whether the sample tested is reliably the sample taken from the driver, in the condition it was taken.

Lab procedures and what a result really says

Lab records can show the method used, the calibration and quality control for the run, and how the result was reported. These records are requested and reviewed rather than assumed to be correct.

In drug cases, a blood result showing a substance is not the same as proof of impairment. The legal question is whether the driver's normal faculties were impaired, and a valid prescription is not a defense if they were. The result is read alongside the officer's observations and any DRE evaluation.

How the blood was obtained

The circumstances of the draw are reviewed as well: what led to the request, the basis for it and whether the procedure followed the law. If evidence was obtained unlawfully, a motion to suppress can ask the court to exclude it. The answer always depends on the specific facts of how and why the sample was taken.

The administrative track runs alongside the criminal case. There are 10 days from the arrest to request a formal review hearing on the DHSMV suspension, and lab results can take time to come back, so the early steps often happen before the blood result is known. DUI Lawyers Shield Firm offers a free case review that covers both tracks.

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General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about blood test defense

It varies. Lab analysis takes time, and results are sometimes not available until after the criminal case has started. Because the 10 day window to request a formal review hearing on the administrative suspension runs from the arrest, the license side often has to move before the blood results are known.

Not on its own. A drug based DUI turns on impairment of normal faculties, and a blood result showing a substance has to be connected to impairment at the time of driving. The officer's observations, any DRE evaluation, the video and the timing of the draw are all part of how that question is answered. A valid prescription is not a defense if impairment is shown.

A blood sample reflects the driver's condition when it was drawn, which may be some time after the driving. The timeline from the stop to the arrest to the draw is rebuilt from reports, medical records and video, because the gap can affect what the result says about the time of driving.

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