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What to do when the police took my blood at the hospital to test for a DUI?




Understanding DUI Blood Tests at the Hospital

When you are involved in a car accident and taken to the hospital, police may request a blood test to determine your blood alcohol concentration (BAC). This procedure is often used when a breathalyzer test is not feasible. Understanding the process and implications of hospital blood tests for DUI is crucial for your defense.

Police officers must follow specific legal procedures to obtain a blood sample. This includes obtaining your consent or a warrant. Failure to adhere to these procedures can result in the evidence being inadmissible in court.

In Florida, when a person is involved in a car crash and taken to the hospital, it becomes inconvenient for the officer to make an arrest immediately. Instead, the officer might wait for the driver to be released from the hospital, obtain their hospital records or the results from a legal blood draw, and confirm their BAC was above 0.08%. During this time, the investigating officer might forward his findings to a prosecutor who can issue a subpoena for the medical records, giving the patient fifteen days to object.

What are the legal procedures for a DUI blood draw? Police must obtain either your consent or a warrant to draw your blood for a DUI test. Failure to follow these procedures can make the evidence inadmissible in court.

Once the prosecutor obtains the records, they might “direct file” the DUI charge, triggering a court date. The officer might also send the blood test results to a supervisor at the Department of Highway Safety and Motor Vehicles (DHSMV), who triggers the “notice of suspension.” After receiving this notice, the driver has ten days to file a demand for a formal review hearing to contest the suspension.

If you went to the hospital after being involved in a motor vehicle crash and you believe a DUI investigation is underway, it’s crucial to seek out the services of an experienced criminal defense attorney immediately. Understanding these procedures and knowing your rights can significantly impact the outcome of your case.

For more detailed information on blood tests and DUI cases, you might find our Comprehensive DUI Blood Test Guide useful. Additionally, understanding the chain of custody for your blood sample can be crucial for your defense.


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What Happens After the Blood Test?

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After the blood sample is taken, it is sent to a laboratory for analysis. The results of this test will determine whether your BAC was above the legal limit of 0.08%. The time it takes to receive these results can vary, but it is crucial to understand the next steps in the DUI investigation process.

Pending DUI Blood Test Results

During the waiting period for your blood test results, the investigation remains pending. This means you may not be immediately charged with a DUI, but the possibility remains based on the outcome of the test. It is essential to consult with a DUI attorney during this time to prepare for any potential charges.

In Florida, the law enforcement officer might wait for the driver to be released from the hospital before taking further action. The officer can obtain hospital records or the results from a legal blood draw to confirm if your BAC was above 0.08%. This process can take several weeks or even months, depending on the circumstances.

What happens if your DUI blood test results are pending? During this period, the investigation remains open, and you may not be charged immediately. Consulting with a DUI attorney is crucial to prepare for any potential charges.

While awaiting the results, the investigating officer might forward their findings to a prosecutor. The prosecutor can then issue a subpoena for your medical records, giving you fifteen days to object. If the prosecutor obtains these records and finds sufficient evidence, they might “direct file” the DUI charge, which will trigger a court date.

  • DUI or Standard Traffic Citation: Based on BAC results.
  • Driver License: If BAC results are 0.08% and available.
  • Copy of Original Arrest Affidavit: Must be signed.
  • Certificate of Blood Withdrawal Form: FDLE #11.
  • Blood Collection Form: Documenting the blood draw.
  • Field Sobriety Evaluation Form: Details of field sobriety tests.
  • Oath Form: Officer’s sworn statement.

Understanding the forms and documents used in a DUI pending BAC results case is essential. These documents are crucial for the investigation and can impact the outcome of your case. For more detailed information on these forms, you can refer to our DUI Protocol for Analysis of Blood and Urine.

Notice of Suspension from DHSMV

The officer might also send the blood test results to a supervisor at the Department of Highway Safety and Motor Vehicles (DHSMV). This action can trigger a “notice of suspension.” Once you receive this notice, you have ten days to file a demand for a formal review hearing to contest the suspension.

It is important to act quickly during this period. Filing a demand for a formal review hearing within the ten-day window is crucial to protect your driving privileges. An experienced DUI attorney can guide you through this process and help you understand your rights and options.

If you believe a DUI investigation is underway, it is vital to seek legal counsel immediately. An attorney can help you navigate the complexities of the legal system and prepare a strong defense. For more information on how to handle a DUI investigation, you may find our guide on winning a blood test DUI helpful.

Additionally, understanding the statute of limitations for DUI cases is essential. Generally, the investigation should be pending for no more than six months. However, cases can be filed right before the one-year or two-year statute of limitations deadline runs, depending on the circumstances. For a first DUI without any aggravating factors, the statute of limitations is one year. If the DUI caused or contributed to property damage or non-serious injury, the statute of limitations is two years. For a felony DUI charge, the statute of limitations is longer.

How long can a DUI investigation stay pending? The investigation can remain pending for up to six months, but the statute of limitations can extend this period to one or two years, depending on the circumstances.

Understanding these timelines and the legal procedures involved can help you prepare for any potential charges. If you have any questions or need legal assistance, do not hesitate to reach out to an experienced DUI attorney.

For more information on the potential errors that could invalidate your DUI blood test, you can explore our page on top errors that could invalidate DUI blood tests. This resource provides valuable insights into common mistakes and how they can impact your case.

The results of your blood test can have significant legal implications. If your blood alcohol concentration (BAC) is above the legal limit of 0.08%, you could face DUI charges, which carry severe penalties. Understanding the potential outcomes and preparing a defense strategy with your attorney is vital.

Challenging Blood Test Results

There are several ways to challenge the results of a DUI blood test. These include questioning the accuracy of the test, the procedures followed during the blood draw, and the handling and storage of the sample. An experienced DUI attorney can help identify any weaknesses in the prosecution’s case.

How can you challenge DUI blood test results? You can challenge DUI blood test results by questioning the accuracy of the test, the procedures followed during the blood draw, and the handling and storage of the sample.

One common method of challenging blood test results is to scrutinize the chain of custody. The chain of custody refers to the documented process that tracks the collection, transfer, analysis, and storage of the blood sample. Any breaks or inconsistencies in this chain can cast doubt on the integrity of the sample and potentially lead to the evidence being deemed inadmissible in court.

Another critical area to examine is the potential for contamination. Contamination can occur at various stages, from the initial blood draw to the analysis in the lab. Factors such as improper sterilization of equipment, exposure to environmental contaminants, or even mishandling by lab personnel can all affect the accuracy of the test results.

Additionally, the qualifications and permits of the individuals who perform the blood test can be scrutinized. In Florida, blood alcohol analysts must have specific permits to conduct these tests. Ensuring that the analyst had the proper permits and qualifications at the time of the test is crucial. Any lapses in this area can be used to challenge the validity of the results.

Common Errors in DUI Blood Tests

Several common errors can occur during DUI blood tests that may invalidate the results. These errors can range from procedural mistakes to technical issues with the testing equipment. Here are some examples:

  • Improper Storage: Blood samples must be stored at specific temperatures to prevent degradation. Improper storage can lead to inaccurate results.
  • Incorrect Labeling: Mislabeling of samples can result in mix-ups and incorrect test results.
  • Calibration Issues: The equipment used to analyze blood samples must be properly calibrated. Calibration issues can lead to erroneous readings.
  • Human Error: Mistakes made by lab personnel, such as incorrect handling or recording of data, can impact the accuracy of the test results.

Identifying these errors requires a thorough understanding of the testing process and the ability to scrutinize the evidence presented by the prosecution. An experienced DUI attorney can help uncover these errors and use them to challenge the validity of the blood test results.

What are common errors in DUI blood tests? Common errors in DUI blood tests include improper storage, incorrect labeling, calibration issues, and human error.

In some cases, independent testing can be a valuable tool in challenging DUI blood test results. By obtaining an independent analysis of the blood sample, you can verify the accuracy of the initial test results. This can be particularly useful if there are concerns about the procedures followed during the original test. For more information on independent testing, you can refer to our page on the right to independent DUI testing.

It’s also important to understand the legal standards and protocols that govern DUI blood tests in Florida. The protocol for analyzing blood and urine samples is designed to ensure the accuracy and reliability of the test results. Any deviations from these protocols can be used to challenge the evidence in your case.

Impact of Blood Test Results on Your Case

The impact of blood test results on your case can be significant. A BAC above the legal limit can lead to severe penalties, including fines, license suspension, and even jail time. However, it’s important to remember that a positive test result does not automatically mean a conviction. There are numerous defenses available to challenge the evidence and protect your rights.

For example, if the initial traffic stop was not based on reasonable suspicion or probable cause, any evidence gathered during the stop may be inadmissible in court. This can significantly weaken the prosecution’s case. Additionally, questioning the accuracy of the blood test and the procedures followed can create reasonable doubt and potentially lead to a dismissal or reduction of charges.

Understanding the legal implications of DUI blood test results and preparing a robust defense strategy is crucial. If you are facing DUI charges based on blood test results, it is essential to seek the assistance of an experienced DUI attorney who can guide you through the legal process and help protect your rights.

For more information on how to handle a DUI case involving blood test results, you can refer to our comprehensive guide on winning a blood test DUI. This resource provides valuable insights and strategies for challenging the evidence and achieving a favorable outcome in your case.



Steps to Take While Awaiting DUI Blood Test Results

While waiting for your DUI blood test results, it is important to take proactive steps to protect your rights and prepare for any potential legal actions. This includes gathering evidence, documenting your actions, and consulting with a DUI attorney.

Consulting with a DUI Attorney

One of the most critical steps you can take is to consult with an experienced DUI attorney. They can provide guidance on the legal process, help you understand your rights, and develop a defense strategy. Early legal intervention can significantly impact the outcome of your case.

Why consult a DUI attorney? Consulting with a DUI attorney can provide you with expert guidance, protect your rights, and help you develop a strong defense strategy.

Here are some specific actions to take while awaiting your blood test results:

  • Gather Evidence: Collect any pertinent information or evidence related to your case. This might include witness statements, photographs, and any other documentation that can support your defense.
  • Document Your Actions: Keep a detailed record of your actions and whereabouts during the time leading up to the incident. This can help establish a timeline and provide context for your defense.
  • Request Medical Records: If you were treated at a hospital, request copies of your medical records. These records can be crucial in challenging the accuracy of the blood test results.
  • Understand Your Rights: Familiarize yourself with your legal rights and the procedures that law enforcement must follow during a DUI investigation. This knowledge can help you identify any potential violations of your rights.
  • Prepare for Potential Charges: Work with your attorney to prepare for the possibility of facing DUI charges. This includes developing a defense strategy and understanding the potential consequences of a conviction.

The legal timeline for DUI cases can vary depending on several factors. It’s important to understand the key milestones in the process and what to expect at each stage.

Here is a general timeline for DUI cases involving blood tests:

  1. Initial Traffic Stop: Law enforcement stops you on suspicion of DUI.
  2. Blood Test Request: The officer requests a blood test, which may require your consent or a warrant.
  3. Blood Sample Collection: A medical professional collects the blood sample, which is then sent to a lab for analysis.
  4. Pending Results: The investigation remains pending while awaiting the blood test results.
  5. Results Received: The lab returns the blood test results, which determine whether your BAC was above the legal limit.
  6. Potential Charges: Based on the results, the officer may forward the findings to a prosecutor, who can issue a subpoena for medical records and potentially file DUI charges.
  7. Notice of Suspension: If the BAC results are above the legal limit, a supervisor at the DHSMV may trigger a notice of suspension.
  8. Formal Review Hearing: You have ten days to file a demand for a formal review hearing to contest the suspension.

Understanding this timeline can help you anticipate the next steps and prepare accordingly. It’s also important to note that the statute of limitations for filing DUI charges can vary. Generally, the investigation should be pending for no more than six months, but it could extend up to one or two years depending on the specifics of the case.

Challenging the Blood Test Results

While waiting for your blood test results, it’s important to consider potential challenges to the accuracy and validity of the test. An experienced DUI attorney can help identify any weaknesses in the prosecution’s case and develop a strategy to challenge the blood test results.

Here are some common grounds for challenging DUI blood test results:

  • Procedural Errors: Any deviations from standard procedures during the blood draw or analysis can be grounds for challenging the results.
  • Chain of Custody Issues: Ensuring the integrity of the blood sample’s chain of custody is crucial. Any breaks in the chain can compromise the sample’s validity.
  • Contamination: Contamination of the blood sample can lead to inaccurate results. This can occur during collection, handling, or storage.
  • Testing Errors: Errors in the lab’s testing process can also affect the accuracy of the results. This includes issues with equipment calibration and analyst errors.

For more detailed information on challenging blood test results, you can refer to our guide on common errors that could invalidate DUI blood tests and learn about the importance of chain of custody in maintaining the integrity of blood samples.

Taking proactive steps while awaiting your DUI blood test results can significantly impact the outcome of your case. By consulting with an experienced DUI attorney and preparing a robust defense strategy, you can protect your rights and increase your chances of a favorable resolution.

Understanding the process of DUI blood tests when taken at the hospital


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What to do when the police took my blood at the hospital to test for a DUI?

Frequently Asked Questions

What happens if my DUI blood test results are delayed?

If your DUI blood test results are delayed, it means the investigation remains pending. This delay can occur due to the time it takes for the lab to process the sample. During this period, you may not face immediate charges, but it’s crucial to consult with a DUI attorney to prepare for any potential legal actions.

Can I refuse a blood test at the hospital?

You can refuse a blood test at the hospital, but this may have legal consequences. Refusing a blood test can result in immediate license suspension and may be used as evidence against you in court. It’s essential to understand Florida’s implied consent laws, which require drivers to submit to blood, breath, or urine tests if lawfully arrested for a DUI.

What are the legal procedures for blood draws in DUI cases?

In DUI cases, police officers must follow specific legal procedures to obtain a blood sample. This includes obtaining your consent or a warrant. If these procedures are not followed correctly, the evidence may be deemed inadmissible in court. Consulting with a DUI attorney can help identify any procedural errors that could benefit your defense.

How can a DUI attorney help with pending blood test results?

A DUI attorney can provide crucial guidance while you await your blood test results. They can help you understand your rights, gather evidence, and prepare a defense strategy. Early legal intervention can significantly impact the outcome of your case, especially if there are procedural errors or issues with the blood test itself.








What to do when the police took my blood at the hospital to test for a DUI?

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What to do when the police took my blood at the hospital to test for a DUI?

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