Independent Blood Test in DUI Investigations

A Suspect has the right to an Independent Blood Test if a Sample was Provided while He or She was Investigated for DUI, Misdemeanor, Florida

DUI Attorneys must be prepared to deal with a variety of issues that may arise in this complex type of criminal charge. Every so often we come across a DUI case involving a defendant who claims that they requested an independent blood test following their agreeing to submit to providing a breath sample. In such cases a motion to suppress is filed with respect to this issue. In Broward County, like every county in Florida, the results of the Broward Sherriff’s Office Intoxilyzer 8000 in your case will not be admissible where an independent blood test was requested but denied by DUI investigators. The trick in these cases is establishing that the request was timely made, and subsequently denied. Further issues are raised in a circumstance where the Broward County DUI investigator responds to such a request by providing the suspect with a standard DUI blood draw conducted by the department.

The Fort Lauderdale Drunk Driving Attorneys at The William Moore Law Firm have handled thousands of DUI cases throughout Broward County. Contact our DUI Defense Lawyers for legal representation.

A Suspect has the right to an Independent Blood Test if a Sample was Provided while He or She was Investigated for DUI, Misdemeanor, Florida

blood testingThis particular Florida statute is important to Broward County criminal attorneys as an independent chemical test is supposed to allow the motorist to select a qualified medical professional to administer a BAC analysis that is not sponsored by the Broward County. Florida only gives motorists the right to demand an independent blood test after submitting to a chemical test of the DUI officer's choice. This means that the motorist must satisfactorily complete the officer's chemical test to earn the right to an alternate test. Once again, if the officer fails to comply with this statutory right, the original chemical test result is often held inadmissible in court.

As stated earlier, most motions to suppress fall on the issue of credibility. Most suppression hearings involve conflicting testimony—the defendant versus the officer. Consider two recent fact patterns observed at the Broward County courthouse. Last month, we were informed that a motion was heard whereby a DUI officer denied an alternate test because the defendant merely requested a blood test, rather than demanding one, and the judge allowed evidence of the police test result. In another instance, the Broward County DUI officer denied that the defendant ever requested a blood test and the judge believed the officer and denied the defendant's motion to suppress the chemical test result.

Each case failed to contain a crucial element in seeking to suppress breath results in a criminal DUI case and that was the calling of witnesses by the defense. Broward County testing facilities are teaming with department of corrections workers, intoxilyzer operators and other inmates. Making contact and subpoenaing with these individuals is crucial when arguing a motion that is going to be based entirely on credibility. Where additional witnesses were present on the scene, conflicts in testimony are bound to surface and the chances of establishing that a request for an independent blood test on the part of your client increase.

Broward DUI defense attorneys must be prepared to deal with a variety of issues that may arise in this complex type of criminal charge. Every so often we come across a DUI case involving a defendant who claims that they requested an independent blood test following their agreeing to submit to providing a breath sample. In such cases a motion to suppress is filed with respect to this issue. In Broward County, like every county in Florida, the results of the Broward Sherriff’s Office Intoxilyzer 8000 in your case will not be admissible where an independent blood test was requested but denied by DUI investigators. The trick in these cases is establishing that the request was timely made, and subsequently denied. Further issues are raised in a circumstance where the Broward County DUI investigator responds to such a request by providing the suspect with a standard DUI blood draw conducted by the department.

This particular Florida statute is important to Broward County criminal attorneys as an independent chemical test is supposed to allow the motorist to select a qualified medical professional to administer a BAC analysis that is not sponsored by the Broward County. Florida only gives motorists the right to demand an independent blood test after submitting to a chemical test of the DUI officer's choice. This means that the motorist must satisfactorily complete the officer's chemical test to earn the right to an alternate test. Once again, if the officer fails to comply with this statutory right, the original chemical test result is often held inadmissible in court.

As stated earlier, most motions to suppress fall on the issue of credibility. Most suppression hearings involve conflicting testimony—the defendant versus the officer. Consider two recent fact patterns observed at the Broward County courthouse. Last month, we were informed that a motion was heard whereby a DUI officer denied an alternate test because the defendant merely requested a blood test, rather than demanding one, and the judge allowed evidence of the police test result. In another instance, the Broward County DUI officer denied that the defendant ever requested a blood test and the judge believed the officer and denied the defendant's motion to suppress the chemical test result.

Each case failed to contain a crucial element in seeking to suppress breath results in a criminal DUI case and that was the calling of witnesses by the defense. Broward County testing facilities are teaming with department of corrections workers, intoxilyzer operators and other inmates. Making contact and subpoenaing with these individuals is crucial when arguing a motion that is going to be based entirely on credibility. Where additional witnesses were present on the scene, conflicts in testimony are bound to surface and the chances of establishing that a request for an independent blood test on the part of your client increase.