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How Blood Test Errors Can Impact DUI Cases in Florida

top DUI attorneys in Clearwater

In DUI cases in Florida, blood test results often carry significant weight in the final verdict. Judges and juries tend to view them as more reliable than breath tests because of the assumption that laboratory testing means that there was likely no human error. 

However, even the most precise methods can produce flawed results. When mistakes occur during the collection, handling, or testing of a blood sample, they can lead to false or inflated blood alcohol concentration readings. If you are facing a DUI charge, you should consult with one of the top DUI attorneys in Clearwater with The Law Office of Timothy Sullivan to set yourself up to achieve the most favorable outcome.

When Blood Tests Are Used in Florida DUI Cases

Blood tests will not be used for every DUI case, as they are typically only used in more serious or complex DUI investigations. Officers may request or require a blood draw in cases involving accidents with injuries, drivers who are unconscious or unable to provide a breath sample, or when there is suspicion of drug impairment. 

Because a blood draw is medically invasive, Florida law sets strict requirements for when and how it can be performed. Officers generally need either the driver’s consent or a valid search warrant, unless specific exceptions apply, such as exigent circumstances in certain crash investigations. That being said, if law enforcement fails to follow proper legal procedures, your results may be eligible to be challenged or excluded from evidence, especially if you work with the best DWI lawyer in Clearwater with The Law Office of Timothy Sullivan.

The Most Common Causes of Blood Test Errors

Although blood testing is considered the most accurate method for determining BAC, errors can occur at multiple stages of the process, and even a small mistake can drastically affect the outcome. One of the most frequent issues is improper sample collection. Using contaminated equipment, the wrong type of vial, or preservatives that have expired can taint a sample. Even temperature changes or delays in testing can cause chemical changes that alter the final readings. Even in the laboratory, equipment calibration issues and mislabeled samples can produce unreliable results. 

Each of these factors can be used by one of the top DUI attorneys in Clearwater with The Law Office of Timothy Sullivan during evidence examination.

Are There Any Legal Defenses Related to Blood Test Errors?

When you work with the best DWI lawyer in Clearwater with The Law Office of Timothy Sullivan, they will carefully review every step of the blood testing process to determine whether the results can be trusted. If errors or procedural violations are discovered, the defense may challenge the admissibility of the evidence via cross-examination, expert witnesses, or a move to suppress the evidence, all of which can sometimes lead to reduced charges or a complete dismissal.

How an Experienced DUI Attorney With The Law Office of Timothy Sullivan Can Help Your Case

When blood test results are an important part of your DUI charge, a thorough and strategic defense is extremely important. Because so much rests on the accuracy of a single test, having a knowledgeable lawyer who understands both the science and the law can make all the difference in protecting your rights and your future.

 

To get your complimentary case consultation, call The Law Office of Timothy Sullivan at (727) 291-9717 today. 

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DUI with a Minor in the Vehicle: Florida Laws and Penalties

DUI with a Minor in the Vehicle: Florida Laws and Penalties

Florida law already takes driving under the influence seriously, but when a minor is in the car, the consequences become much harsher. A DUI involving a child passenger is considered especially dangerous because it puts a vulnerable person at risk, and these cases carry enhanced penalties that can significantly impact your life.

If you are facing a DUI with a Minor in the Vehicle charge, the best way to achieve the most favorable and lenient possible outcome is to speak with one of the DWI defense lawyers in Clearwater with The Law Office of Timothy Sullivan.

Florida Law on DUI with a Minor in the Vehicle

In Florida, it is illegal to drive either with a blood alcohol concentration of 0.08% or higher or while your normal capabilities and faculties are impaired. When a child under the age of 18 is present in the vehicle, the charge is automatically treated as more serious. Whether it is your first DUI or not, having a child in your car while impaired can be considered Neglect of a Child, which can escalate your overall charges from a misdemeanor to a felony..

What Are the Penalties of a DUI with a Minor in the Vehicle?

If you are charged with DUI while a minor is in your vehicle, you can expect penalties that go beyond those of a regular DUI. Fines are higher, jail sentences may be longer, and probation terms are often more restrictive. For example, a first DUI usually carries a fine of up to $1,000, but that amount can increase significantly when a child passenger is involved.

Judges may also order the installation of an ignition interlock device, as well as extend the period of driver’s license suspension. In some cases, you could face additional criminal charges, such as child neglect or child abuse, which can further make the situation far more disastrous, especially without proper guidance from a DUI lawyer in Clearwater with The Law Office of Timothy Sullivan.

Additional Consequences Following a Conviction

Beyond fines and jail time, a DUI with a minor in the vehicle can have lasting personal consequences. If you are a parent, the conviction could affect your custody or visitation rights in future family court matters, if applicable. Courts may also require you to complete DUI School and attend a substance abuse evaluation or treatment program before your license can be reinstated.

Even more, being convicted of an elevated DUI charge will most likely appear on background checks, which can make it difficult to keep your job or professional licenses. 

What Can a Lawyer Do for a DUI with a Minor in the Vehicle Charge?

Although facing a DUI charge is daunting in the first place, the first step you should take is booking a consultation with a trusted expert lawyer with The Law Office of Timothy Sullivan. One of our highly experienced DWI defense lawyers in Clearwater will examine every detail of your traffic stop and arrest to determine whether your rights were violated. If the officer lacked probable cause or if field sobriety tests were conducted improperly, those issues can be raised in your defense.

Your attorney can also question the accuracy of breathalyzer or blood test results, especially if the equipment was not calibrated correctly or procedures were not followed. In some cases, it may be possible to show that your BAC was below the legal limit or that you were not actually impaired by pulling in experts or thoroughly analyzing results. And, when appropriate, your lawyer will likely also present mitigating factors, such as a previously clean driving record, to help reduce any potential penalties.

Contact The Law Office of Timothy Sullivan for Top-Notch Legal Representation

At The Law Office of Timothy Sullivan, we are proud to represent clients throughout Florida who are facing unjust DUI charges, including those involving minors. We have the combined success and experience to give you confidence in your case.

To get started, book a complimentary case consultation with a leading DUI lawyer in Clearwater and call The Law Office of Timothy Sullivan at (727) 291-9717.

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