Lawyers Increasingly Question Blood Alcohol Test Results

A growing number of criminal defense lawyers are successfully questioning the results of blood alcohol tests in Florida, according to the Orlando Sentinel.

Lab quality experts and chemists brought in by defense attorneys have been raising questions about the state’s instruments, techniques and rules about drawing blood, the article notes.

Bob Dekle, of the University of Florida School of Law, said defense attorneys may use their successes to challenge a greater number of driving under the influence (DUI) cases. He noted that DUI prosecutors are among the least experienced in the State Attorney’s Office.

Last fall, the Herald-Tribune reported that drivers in Florida have been arrested and convicted of DUI based on defective alcohol breath test machines. The machine, called the Intoxilyzer 8000, inaccurately measured the amount of breath blown into them. The article notes state officials did not test a key component of the machine, or perform required reviews of each breath test.