DUI Blood Test in Polk County, FL
In most DUI cases in Polk County, FL, the arresting officer will request a breath test. If the BAC reading is below .08 and/or the officer suspects impairment by drugs, the arresting officer might request a urine test.
In felony DUI cases, such as those involving serious bodily injury or death, the arresting officer will request a blood test. To take the blood, the officer needs evidence of serious bodily injury or death, as well as a valid seizure warrant or exception to the warrant requirement such as:
- your free and voluntary consent to the blood test; or
- exigent circumstances.
If you do not agree to submit, the officer will seek a warrant to seize the blood. In some cases, the officer might not seek a warrant if he believes there are “exigent circumstances,” although those issue often result in the DUI defense attorney filing a motion to suppress the blood alcohol reading so it is not admissible at trial.
If the officer reads you Florida’s Implied Consent Warning, then the refusal to submit to a lawfully request blood test might result in the administrative suspension of your driver’s license. To contest the suspension, we can help you demand a formal review hearing within 10 days of your arrest.
For more information on any DUI case with a blood test, contact an experienced DUI defense attorney at Sammis Law Firm.
Call 813-250-0500.
DUI Blood Test Requirements and Procedures in Polk County, FL
When a deputy with the Polk County Sheriff’s Office conducts a DUI investigation that involves a request for a blood test, the officer will complete a DUI Field Packet that provides:
Read Implied Consent for Blood Draw when Probable Cause for Arrest is Present
☐ Implied Consent was read to subject.
☐ Legal Draw
☐ Consensual Draw
☐ Court Ordered Draw
☐ Blood Kit is Sealed.
☐ Blood Kit has not expired. Expiration Date is: _________
☐ Blood Kit was opened in the presence of and provided to him/her in order to conduct the blood draw.
☐ Both blood collection tubes were inspected and found to be in good condition. The seals appear new with no visible cracks, holes or flaws; and both blood collection tubes contained the preservative and anti-coagulant powder inside.
☐ Observed injection site to be cleaned with a non-alcohol swab (iodine, betadine, etc.) by (Collector).
☐ Collection site used was new and not a preexisting IV site.
☐ Observed the entire blood draw procedure and that both tubes were inverted back and forth to mix the powder with blood.
☐ Took custody of the blood collection tubes and placed them into plastic container from blood kit.
☐ Blood was drawn at (Location) __________ on (Date) __________ at (Time) __________.
☐ Ensured Specimen Collector signed label and Blood Collection Report Card.
☐ One label applied to each tube and absorbent pad placed in kit before closing.
☐ Secured plastic container containing tubes of blood with two red integrity seals, placed the container inside the plastic bag, and then secured it inside the Blood Kit cardboard box.
☐ Sealed box with two or more Evidence Seals and one piece of Evidence Tape.
☐ Placed Blood Kit inside Evidence bag, completed the Evidence Card/Label, and completed Lab Request Form for Blood Alcohol Level / Drug Screen. (Fill out correct Lab Request to FDLE and submit at the time of collection.)
☐ Blood Kit was placed inside a refrigerator at the Polk County Sheriff’s Office (PCSO) Crime Scene Investigations Section, or other approved depository. The key was placed inside a lockbox.
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