DUI arrests first have to include a traffic stop, and a finding that the driver was over the legal limit. Most times this determination is made by the arresting officer administering a breath test, and those results showing a blood alcohol content (BAC) of more than what is legally allowed. But not all people who are arrested for DUI submit to the breath test, so how are the police officers proving these drivers had a BAC over the limit? The answer is likely that a blood test was done, but how do you get from being pulled over in the street to having your blood drawn? Taking blood is not something that is usually done in the field, where conditions are less than sterile. So there has to be another answer to this question, and there is an explanation.

Two ways to have your blood taken from you for DUI testing include the following circumstances:

  • If the driver requests a blood test, one will be given. It might seem counterproductive to ask that your blood be taken and tested for its BAC if you are being arrested for DUI, but sometimes the results are enough to exonerate you.
  • If there was an auto accident, a blood test is common. This is especially true if there was also an injury on the scene.

One way to try and keep evidence of a blood test result out of Court is to ask that the Court not allow the evidence to be entered in your case. This can be tricky, and you will have to put on a compelling argument that the test was improper. Obviously if you requested the test, the Judge will not be easily swayed to keep the results out of Court. But, if you believe the testing was improper, you can fight to keep the results from ever making their way to the Courtroom. We have experience defending DUI’s that involve all kinds of fact patterns. For help with your case, call us today. We will sit down with you and go over the specifics of your case, and offer options on how to best defend the charges.


For more information about DUI cases, call our office today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.