Legal Question in DUI Law in Florida

DUI Blood draw

I was arrested for DUI. There was no traffic accident or injuries. I truly was not impaired but refused to do a road side sobriety field test. I was sick to my stomach and could not do a breathalyzer test. At no time did I refuse. 3 hours later they took me to the hospital and drew blood. Eventually they said that my alcohol level was .087. My question is do I not have the right to have that evidence (my blood sample) tested by and independent lab? Furthermore if they no longer have the evidence or can�t find it shouldn�t the case be thrown out?

Thank You For Your Help


Asked on 1/25/08, 9:47 am

1 Answer from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

Miami DUI Lawyer Re: DUI Blood draw

Hello,

After reading your question I would love to hear more about your case. To answer your question, you do have the right to an independant blood test. However, the blood test is typically only used to verify the accuracy of the breath test. Your case is unique in that you were given an involuntary blood test. The case law still holds that the independant blood test rules still apply. Please call my office at 305.670.3119 and set up a free consultation. I really would like to do some research into your case. We are one of Miami's top DUI firms. check out our website at http://www.305duilawyer.com We serve all of South Florida. Hope to hear from you soon, Joseph Vredevelt, Esq.

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Answered on 1/25/08, 3:53 pm


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