Asked over 2 years ago - Miami, FLFlag
I title like this because I was quite "out of it" concussed at the time in question. I thought I gave blood by way of quick finger prick. Would that be enough to get for what is a Blood Test for DUI? How much is typically collected? Is the blood collected through a vein in your arm like when donating blood? Which, was not the case at all. Do they need a whole vile worth? All I can remember was coming to consciousness in flipped vehicle, being out of vehicle, calling my mom, and a woman like EMT saying, "give me your finger," and a prick in my finger, I was released to my mother with a careless driving ticket only. No band aids, no tourniquet, nothing more than a finger prick, like a diabetes test, I recall. Please advise so I can finally sleep or prepare for what is to come.
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I am not a medical doctor and have never personally seen a blood test taken or examined, so i cannot tell you whether or not sufficient quantity was taken for the purposes of determining blood alcohol content (BAC). I can tell you that in any vehicle crash with serious bodily injury, even to the driver himself in a one-car accident, the law says that blood may be taken solely for the purpose of determining BAC.
What constitutes serious bodily injury is the subject of some debate. While the phrase is defined in the statute, police and courts argue over its exact limits. In your case, if confusion and being "out of it" for a spell constitutes SBI, then you may have had blood taken. If so, this would need to be litigated after you are charged, which can take several months after the incident itself. Of course, this assumes that your BAC is a chargeable amount or contains traces of other intoxicants. If not, no worries (other than a possible government intrusion of your privacy).
I suggest you contact a local, experienced DUI attorney and arrange for him or her to get your accident report and see if there is any other paperwork filed indicating whether or not there were biological samples taken. They should laos go over all your rights with you, including the options going forward, after they have examined the relevant facts in your case. Good luck.
If they were testing for BAC (blood alcohol content) they would have drawn blood with a needle. You do not say when this occurred, but BAC results can be achieved rather quickly. If they tested for it, you'd likely know by now. I do not practice in your jurisdiction so I do not know whether the law requires a BAC analysis under the circumstances of your crash. If the police do question you further, you should assert your right to remain silent and immediately consult an experienced DUI attorney.
For a blood test to be valid, there must be several cc's of blood obtained. A finger prick cannot be tested for ethanol. Depending on your state's collection procedures, there may be as many as 2 vials, 10 cc's each that should have been taken for examination. Additionally, there are several notice requirements and possibly warrant notices that should accompany a valid blood draw in your state. However, if you suspect that your blood was drawn and you may be prosecuted for DWI, you should hire the best DWI lawyer in the area. Very few attorneys are able to successfully defend these. They are extremely complex. Go to www.KellyCaseLawFirm.com and click on "DWI Blood Certified" to get an idea of what is involved. You can find the best DWI lawyers at www.ncdd.com. Good luck
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