Miami Blood Test DUI Attorney

When you think of a DUI test, a field sobriety test is probably the first thing that comes to mind. However, in many cases, blood tests are used to determine intoxication.

Blood tests may be used in the following situations:

• Police may obtain a blood sample from a DUI suspect based on voluntary consent.
• Police may request blood where a DUI suspect appears for treatment at a medical facility and a breath or urine test is impractical or impossible.
• Police may take a blood sample where a health care provider takes a blood test of the patient and determines the blood alcohol level exceeds the legal limit.
• Police may obtain a blood sample where a DUI suspect was involved in a motor vehicle crash that caused serious injury or death.

Blood tests are not always reliable, though. There can be contamination and other issues involved. If you have been forced to take a blood test to check for DUI, contact a Miami blood test DUI attorney from Asilia Law Firm for help defending your case.

Blood Test Procedures

There are strict procedures that must be followed when it comes to the extraction, labeling, storage, transport, and testing of the blood sample. Even something that seems insignificant can affect the validity of the blood result. Here are some procedures that must be followed:

• Before collecting a sample, the puncture area must be cleansed with an antiseptic that does not contain alcohol.
• Blood samples must be collected in a glass evacuation tube that contains a preservative (such as sodium fluoride) and an anticoagulant (such as potassium oxalate).
• Immediately after the blood collection, the tube must be inverted several times to mix the blood with the preservative and anticoagulant.
• Blood collection tubes must be labeled with the following information: name of person tested, date and time the sample was collected, and initials of the person who collected the sample.
• The blood must be withdrawn by one of the following: a physician, registered nurse, licensed practical nurse, certified paramedic, licensed laboratory director, supervisor, technologist, or technician.

Defenses to a DUI Blood Test

There are many ways to challenge the validity of a blood test. Here are some common defenses:

• Improper collection
• Contamination during sterilization
• Contamination by microorganisms
• Failure to properly preserve the blood sample
• Lack of refrigeration
• Lack of training or certification by the person withdrawing or testing the blood
• Possession of the sample by someone who is unqualified 

Contact Asilia Law Firm Today 

In some cases, police may require a blood test to confirm you are intoxicated. While these tests are meant to be more reliable that other DUI testing, errors can and do occur.

Defend yourself with help from a Miami blood test DUI attorney from Asilia Law Firm. We can challenge the validity or admissibility of a DUI blood test. Fill out the online form or call (786) 420-3014 to schedule a consultation.