Fort Lauderdale Improper Blood Test Attorneys
Police officers will sometimes ask drivers suspected of driving under the influence to submit to a blood test. Blood tests are considered far more reliable than breath tests or urine tests, but that does not mean they are always accurate. A number of factors can skew the results of a blood test, including when the test is not administered properly.
Anyone that wishes to draw your blood to measure your blood alcohol content must have proper training to do so, and must follow proper protocol. If you have been charged with a DUI after a blood draw, call our Fort Lauderdale improper blood test attorney.
When are Blood Tests Not Performed Properly?
The Florida Administrative Code, Chapter 11D-8 outlines the proper procedure for collecting, extracting, and labeling blood samples. These are as follows:
- The area where the sample will be taken from must be cleaned with antiseptic.
- A glass evacuation tube must be used to collect the blood sample and must contain a preservative and an anticoagulant.
- The tube must be inverted several times immediately following collection to fully combine the preservative and anticoagulant.
- Labels on collection tubes must include the name of the defendant, the date and time the sample was collected, and the initials of the individual that took the sample.
- Blood samples must be refrigerated unless they are submitted for analysis within seven days of the sample being taken, or during examination, analysis, and transportation.
- Blood samples must be delivered for analysis within 30 days of the sample being taken, and the initial analysis must be done within sixty days of the facility receiving the sample.
- Only physicians, registered nurses, certified paramedics, licensed practical nurses, or other people with a medical license can collect the sample.
When the above procedures are not followed, a blood test is not performed properly and an attorney can help you suppress the test results so they cannot be used against you in court.
Blood Tests Not Performed Properly at Hospital
In some cases, police officers may ask hospital staff to collect a blood sample from a suspect. For example, a driver may be involved in a car accident and be transported to the hospital to receive treatment for their injuries. While there, law enforcement may ask a doctor or nurse to take blood from the driver because they suspect they were driving under the influence.
Generally speaking, blood tests that are performed at a hospital are not properly performed for law enforcement purposes, even if the above procedures are followed. This is because hospital staff take blood samples for the purpose of treatment, not to determine the patient’s blood alcohol content.
Our Fort Lauderdale Improper Blood Tests Attorneys Will Uphold Your Rights
When blood tests are not performed properly, it can drastically alter the results, and false positives are not uncommon. If you have been charged with a DUI after taking a blood test, our Fort Lauderdale blood tests not performed properly attorney at Meldon Law can help get valuable evidence thrown out of court. Call us today at 800-373-8000 or contact us online to schedule a free consultation so we can review your case.