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Can I request an independent blood test?

Many people have heard of and are familiar with the breath test as conducted by law enforcement at the time of a traffic stop where suspicion of driving under the influence is a factor. Many people have also heard the test can be inaccurate and unreliable. And then, in some cases, a breath or urine test may be deemed impossible or simply impractical and a blood test is instead ordered when law enforcement suspects a person of operating their vehicle while under the influence. The blood test is used to determine to presence and content of alcohol within your blood and possibly any controlled or chemical substances in the blood. But what if you don't trust the test performed on you or think the results are inaccurate?

By Florida law, you can pay for an independent test to be done via blood draw by a professional of your choice, provided they meet certain requirements, such as being an:

  • Authorized personnel of a hospital.
  • Registered nurse.
  • Physician.
  • Appropriately licensed director of a clinical lab.
  • Appropriately licensed supervisor of a clinical lab.
  • Appropriately licensed technician of a clinical lab.
  • Appropriately licensed technologist of a clinical lab.
  • Another approved person of your choosing.

The blood test must be performed at the time of the other test. Keep in mind that if you are unable to procure an appropriate person to administer your own test, you don't get any special treatment regarding the admissibility of the test ordered by law enforcement.

If you have been charged with a DUI and live in Florida, it may serve you well to find a criminal defense attorney who can advise you accordingly.

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