City of Vero Beach Stops Routine Use of Blood Tests in Suspected Drunk Driving Cases
As Naples drunk driving defense lawyers, we were pleased to see that an experiment in routine DUI blood testing has stopped, at least temporarily. According to a Nov. 30 article on TCPalm.com, the city of Vero Beach has suspended its routine use of blood tests in every intoxicated driving case in which the driver refuses to take a breath test. The policy was made only ten days earlier, on Nov. 20, but the city soon realized that its staff was too limited to keep up with demand. The Indian River County Fire Department may step in to help, the article said, but it doesn’t want to lose too much staff time to the project.
The policy began after a Nov. 19 DUI arrest, in which officers obtained a search warrant in order to draw blood from a woman who refused a breath test. The only other arrest under the policy happened three days later, on Nov. 22. Vero Beach is the first city on the Treasure Coast to use such a policy, although Florida cities like Jacksonville and Palm Bay also use routine blood tests. Without it, DUI blood testing in Florida is typically limited to accidents that caused a death or a serious bodily injury. Law enforcement likes the policy because it allows them to obtain vital evidence in DUI cases, even when drivers refuse to submit to a breath test. However, Florida DUI defense attorneys told the newspaper that universal blood testing on a mere hunch is an unreasonable invasion of drivers’ privacy.
Our Punta Gorda DUI defense attorneys agree -- but we also see significant practical problems with the policy. As the article notes, law enforcement must obtain a search warrant to draw the blood, which means several hours can pass before the actual test occurs. This could routinely create unreliable outcomes, because alcohol can be processed by the body during those hours. That can result in false negatives or, with very recent drinking, false positives. Because blood testing detects substances that breath testing does not, blood tests can also turn up evidence of drugs even when there was no suspicion of drug intoxication. And according to the article, no police officers are trained to draw the blood, which casts doubt on the reliability and safety of the results once they are turned over to law enforcement.
At Balliro, Galasso, Leskovich & Seltzer, we deal with these issues every day as part of our Florida DUI defense legal practice. Our Fort Lauderdale drunk driving defense attorneys represent people throughout the state who are charged with driving while intoxicated, refusing to submit to a breath test and related charges. We also handle related driver’s license suspension hearings, which are not criminal cases, but can nonetheless dramatically change the client’s life. As West Palm Beach DUI defense lawyers, we understand that there’s usually far more to the story than the police put in their report -- or that prosecutors are willing to tell a jury. We help clients tell their side of the story, finding evidence that can prove that they were not driving under the influence and never meant to.
If you’re facing a drunk driving charge in Florida, don’t wait to call BGL&S for help. To set up a free, confidential consultation or get an attorney at your next-day hearing, you can call us toll-free from anywhere in Florida at 1-866-ARRESTED or send a message through our Web site.
