One of the many tests used by law enforcement officials to ascertain sobriety relating to driving under the influence (DUI) cases, the much understood blood test, is supposedly the most reliable. The DUI blood test is typically not subject to the exact same scrutiny regarding reliability as does a breath test, and there are still many ways these test-results can go wrong or bmisinterpreted. This in turn creates several potential defenses that can be employed by a skilled Fort Lauderdale DUI attorney. Whether it be yourself or a friend who has been charged with a DUI in Fort Lauderdale, and you willingly or unwillingly submitted to a blood test, call Musca Law at your earliest possible opportunity or convenience to discuss all of your available options with a knowledgeable, competent, and talented Fort Lauderdale DUI lawyer.

Blood tests can be a favorite of many DUI arresting officers, not only because they are more reliable in showing exact blood alcohol level, but also because they often show the presence and concentrations of any/all drugs which may be in the driver’s body. Blood tests, however, are strictly limited under Florida Law. A person’d blood may be taken forcibly only when serious injury has occurred in an accident AND the officer has a “reasonable belief” that drugs and/or alcohol were present in the driver’s system. Predictably, this often tends to allow for much more “wiggle room” for a competent and savvy Fort Lauderdale DUI attorney.

Complications surrounding blood testing & prosecution

Although it is true that a blood test CAN offer greater reliability, it has also led to many problems for Florida prosecutors. For instance, when driver gets a Fort Lauderdale DUI that demands a blood test, the prosecutor has to show that s/he had “probable cause” to use your blood, and that it was not just “Äúmedical blood” (Äù = taken for the purposes of treating your injuries). Prosecutors recognize that ‘blood-test prosecutions’ (which prosecutors tend to be less familiar with) tend to be more time consuming and thus much more expensive for the State.

The prosecution has a responsibility to show that the blood was taken by a properly trained, certified, and neutral medical professional. The prosecution must also prove to the judge and potential jury that the blood-testing professional did everything right. If the blood was handled improperly at any point, there is a good chance Fort Lauderdale DUI lawyers can move to have the blood evidence omitted from the case by reason of violation of ‘chain-of-evidence’ procedures.

What an experienced MuscaLaw attorney can do

It is inherent to all blood-test cases that an area of inconsistencies and confusion exist. This is where smart, competent, experienced attorneys are able to jump right in and use these ambiguities to manipulate the case to your benefit.. With so many ways that blood testing can go wrong, the eventual results are rarely of significant import as to be worthy enough in and of themselves to bring a conviction on their own. Through the skilled and careful work from our top-level defense attorneys, you can often fight and beat the test results and preserve your rights under the law. The Fort Lauderdale DUI attorneys at Musca Law will make sure all of your possible defenses are covered and will work hard and diligently on your behalf.

What Happens After A DUI Arrest?, After you are arrested on charges of DUI, you are required to pay a bond for securing bail. You can pay the full amount of the bond or appoint a commercial bail bondsman to pay the sum on your behalf. If the latter is the case, you are required to pay a percentage of the bond money to the bondsman as a non-refundable fee. In case you pay the bond amount, you are liable to get a refund of the entire amount if you are acquitted by the Court. In case somebody other than the bail bondsman pays the amount, you are advised to have the individual assign the rights of the bond to you once he gets reimbursed. This entire process of assignment is conducted efficiently by a Fort Lauderdale DUI Lawyer.

After you are arrested, you will be notified through a mail about the date fixed for appearing at the Court. At the time of your appearance at the Court, you will be required to file a plea of either guilty, not guilty, or no contest. It is always advisable to plead not guilty as you may affect your chances of contesting the evidence, the right to file motions, and exert your rights. By pleading not guilty, you are entitled to be represented by an Attorney who will investigate whether your rights were violated by the Police. The Defense Counsel is given adequate time to investigate all that occurred prior to the arrest, so that they can defend the accused. An experienced Fort Lauderdale DUI Lawyer will proceed with the motion to suppress evidence before your DUI trial. The issues raised in the motion to suppress evidence include whether your rights were violated, the Police Officers had sufficient cause to arrest you, whether your statement was in violation of the Miranda Rights, or the samples of your urine or the breath test was properly conducted.