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DUI Blood / Urine Test

Frequently when individuals in Florida are suspected of DUI, the law enforcement officer may request a blood or urine sample. A blood or urine sample is usually requested for DUI when:

  • An individual refuses to take a breath alcohol test;
  • An individual has been involved in an accident;
  • An individual was taken to a hospital after a car accident; or
  • An individual blew under a .08, but the officer still suspects impairment by a controlled substance.

Blood tests are usually more accurate than breath tests, but it may actually be easier to fight the results of a blood test in trial for a variety of reasons, including many people may have handled the blood sample and possibly tainted it, foreign substances are more likely to be found in and affect a blood sample, the person who took the blood sample was not qualified under Florida law, and expert testimony is usually required in order for blood test results to be admissible.

Urine tests are often considered to be less accurate than blood tests because they are more likely to inaccurately show a high level of alcohol concentration or controlled substances, or the test may not have been timely administered to receive an accurate reading.

Orlando DUI Blood / Urine Test Attorney

If you have been arrested on suspicion of DUI and refused to submit or submitted to a blood or urine test in Orlando, Florida, contact Hale & Hale, P.A. today. The attorneys of Hale & Hale will fight the allegations against you and make every effort to help you find the best possible outcome to your situation. Call the law office of Hale & Hale at (407) 425-4640 for a free consultation today about your DUI charges in Orange County and the surrounding areas of Florida.


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Florida DUI Blood Tests

According to Fla. Stat. § 316.1932, implied consent is given by every driver in Florida when they operate a motor vehicle  to submit to chemical testing of their breath, blood or urine if suspected of driving under the influence.

Florida law also permits certain law enforcement individuals under Fla. Stat. § 316.1933 to use a reasonable amount of force to take a person’s blood sample if they are suspected of DUI and refused to give a breath test.

When an arresting officer takes an alleged DUI offender’s blood sample, it is tested through a process known as gas chromatography. This method compares the individual’s blood sample to a control sample that has reliable measures of alcohol content.

If an individual has been involved in an accident and their blood is drawn at the hospital this may be the only blood sample available for the prosecutor to use. These types of samples are taken from the blood serum and not the whole blood, which is often a less accurate measurement.


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Blood or Urine Tests and Drugs in Florida

If an individual is pulled over on suspicion of driving under the influence of alcohol and submits to a breath test, but blows under a .08, the law enforcement officer may then request a blood or urine sample to test for drug impairment. The blood or urine sample will be sent to a crime lab to test for the presence of certain drugs, including, but not limited to:

  • Marijuana
  • Cannabis
  • Cannainoids
  • Opium
  • Opiates
  • Medications
  • Heroin
  • Cocaine
  • Methamphetamines
  • Pain pills

The presence of drugs in the blood is determined through a screening process called immunoassay. This process only looks for the presence, not the quantity, of controlled, which is important for determining impairment. Additionally, drugs may still be found in a person’s bloodstream long after they are no longer under the influence of the drugs.

A urine sample also does not accurately show when the individual took controlled substances. Urine tests only measure metabolites from drugs, not the actual presence of drugs. Metabolites are inactive trace chemicals left over after the substance has been broken down in the body. The results of a urine test are typically not relevant unless they can show the driver was impaired by the controlled substances when they were operating a motor vehicle.


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Urine Testing for DUI Under Florida Law

According to Fla. Stat. § 316.1932, implied consent is given by every driver in Florida when they operate a motor vehicle  to submit to chemical testing of their breath, blood or urine if suspected of driving under the influence.

When a person is required to give a urine sample for suspected DUI, the urine test is frequently administered improperly. Urine testing requires the alleged DUI offender to completely empty their bladder and wait at least 20 minutes before giving a urine sample that will show accurate results.

Urinalysis often involves examining concentrations of alcohol or controlled substances in water. The results from these tests can often be highly inflated, as the concentration of alcohol in urine is about 1.33 times the concentration of alcohol in a blood sample, which is considered a more accurate measure.


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Hale & Hale, P.A. | DUI Chemical Testing Lawyer in Orlando

Contact the attorneys at Hale & Hale, P.A. to discuss the facts of your DUI blood or urine test in Orange County, Florida, and the surrounding areas of Seminole County, Osceola County, Winter Park and Kissimmee. An experienced Orlando driving under the influence attorney will make every effort to help you avoid the most serious penalties and repercussions for your particular situation. Contact Hale & Hale, P.A. at (407) 425-4640 for a free consultation about your DUI and chemical testing in Orlando.