One of the many tests used by law enforcement officials to ascertain sobriety relating to driving under the influence (DUI) cases, the much understood blood test, is supposedly the most reliable. The DUI blood test is typically not subject to the exact same scrutiny regarding reliability as does a breath test, and there are still many ways these test-results can go wrong or bmisinterpreted. This in turn creates several potential defenses that can be employed by a skilled Palm Beach DUI attorney. Whether it be yourself or a friend who has been charged with a DUI in Palm Beach, and you willingly or unwillingly submitted to a blood test, call Musca Law at your earliest possible opportunity or convenience to discuss all of your available options with a knowledgeable, competent, and talented Palm Beach DUI lawyer.

Blood tests can be a favorite of many DUI arresting officers, not only because they are more reliable in showing exact blood alcohol level, but also because they often show the presence and concentrations of any/all drugs which may be in the driver’s body. Blood tests, however, are strictly limited under Florida Law. A person’d blood may be taken forcibly only when serious injury has occurred in an accident AND the officer has a “reasonable belief” that drugs and/or alcohol were present in the driver’s system. Predictably, this often tends to allow for much more “wiggle room” for a competent and savvy Palm Beach DUI attorney.

Complications surrounding blood testing & prosecution

Although it is true that a blood test CAN offer greater reliability, it has also led to many problems for Florida prosecutors. For instance, when driver gets a Palm Beach DUI that demands a blood test, the prosecutor has to show that s/he had “probable cause” to use your blood, and that it was not just “Äúmedical blood” (Äù = taken for the purposes of treating your injuries). Prosecutors recognize that ‘blood-test prosecutions’ (which prosecutors tend to be less familiar with) tend to be more time consuming and thus much more expensive for the State.

The prosecution has a responsibility to show that the blood was taken by a properly trained, certified, and neutral medical professional. The prosecution must also prove to the judge and potential jury that the blood-testing professional did everything right. If the blood was handled improperly at any point, there is a good chance Palm Beach DUI lawyers can move to have the blood evidence omitted from the case by reason of violation of ‘chain-of-evidence’ procedures.

What an experienced MuscaLaw attorney can do

It is inherent to all blood-test cases that an area of inconsistencies and confusion exist. This is where smart, competent, experienced attorneys are able to jump right in and use these ambiguities to manipulate the case to your benefit.. With so many ways that blood testing can go wrong, the eventual results are rarely of significant import as to be worthy enough in and of themselves to bring a conviction on their own. Through the skilled and careful work from our top-level defense attorneys, you can often fight and beat the test results and preserve your rights under the law. The Palm Beach DUI attorneys at Musca Law will make sure all of your possible defenses are covered and will work hard and diligently on your behalf.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.