The short answer is YES. But you need to consult with an experienced DUI defense lawyer immediately to prepare and file the objection.
Were you in a DUI accident recently? Did Florida prosecutors notify you that they want to get your blood test results for a DUI case? The collection and use of blood samples in these cases raises important legal questions involving the driver’s constitutionally protected privacy rights and preventing law enforcement officials from violating search and seizure law.
In this article, we explain how a knowledgeable Florida DUI defense lawyer can object to an investigative subpoena for your blood test in a DUI case. At Stechschulte Nell, Attorneys at Law, we use our combined decades of experience to prevent prosecutors from using illegally obtained evidence against our clients. If you receive notice (“Notice of Issuance of an Investigative Subpoena for Medical Records”) that a subpoena may being issued for your medical records, contact our office in Tampa immediately. There may be strong legal grounds to quash (void) the subpoena.
Understanding Subpoenas and Blood Tests in DUI Cases
A subpoena is a legal document ordering someone to attend court or produce evidence for a legal proceeding. In a Florida DUI case, a subpoena is often used to obtain blood test results that a driver may not want to disclose voluntarily. Prosecutors want to obtain a driver’s blood tests results because they are considered more accurate than breath tests and can be a critical piece of evidence in proving a DUI charge, especially in a DUI accident case in which someone was injured or killed.
When someone is injured in a suspected DUI-related accident, they often need emergency medical treatment, Florida law allows for the collection of blood in DUI cases. According to Florida Statute § 316.1933(1)(a), law enforcement officers are allowed to use “reasonable force” to have the driver’s blood drawn if they are involved in an accident involving serious bodily injury or death and the officer reasonably believes the driver is under the influence of alcohol or drugs.
Another occasion when a driver’s blood may be drawn is when the driver is injured in an accident and needs emergency medical treatment. Part of a medically necessary blood test is a measurement of the patient’s blood alcohol content. Prosecutors want to obtain the blood test because the driver’s injury made a timely breathalyzer test impractical. The only remaining evidence of a driver’s level of intoxication may be the blood test.
Your Lawyer’s Objection Results in a “Hunter Hearing”
When a driver receives notice that their medical records (blood test results) are going to be subpoenaed by prosecutors, the driver or their lawyer has only 15 days in which to file a formal objection detailing the reasons the court should not grant permission for the subpoena to be issued. In Florida, the objection requires the scheduling of a court hearing called a “Hunter Hearing.”
At this hearing, the court will require the state to prove there is a reasonable basis to believe the medical records contain evidence legally relevant to an ongoing criminal investigation.
Legal Grounds for Objecting to a Subpoena
A defense lawyer can raise several objections to a subpoena for a blood test in a DUI case, focusing on constitutional protections and how the blood sample was collected and handled. Here are the main issues in which a skilled Florida DUI defense lawyer can effectively object and defeat a prosecutor’s petition for an in investigatory subpoena in a DUI case:
- Fourth Amendment Violations: The Fourth Amendment protects citizens from unreasonable searches and seizures. In DUI cases, this right is central to objections against blood draws without consent, especially if done without a warrant. The U.S. Supreme Court has ruled in cases like Missouri v. McNeely (2013) that the natural metabolization of alcohol in the bloodstream does not always constitute an exigency sufficient to forgo a warrant for a blood draw. Thus, if blood was taken without a defendant’s consent and without a warrant, or under conditions not fitting an emergency exception, this can be a strong basis for an objection. However, Florida courts have allowed these blood tests into evidence based on the officer’s “good faith belief” that the state’s “implied consent” law.
- Improper Handling and Chain of Custody: Defense attorneys can also object to the admissibility of blood test results if there are irregularities in the way the blood was collected, stored, or analyzed. Any break in the chain of custody or mishandling that could lead to contamination of the sample might render the blood test results unreliable and inadmissible in court.
- Medical Privacy and Consent: Arguments based on medical privacy concerns, under laws such as the Health Insurance Portability and Accountability Act (HIPAA), can also be made, particularly if the blood draw was conducted in a manner that violates a person’s medical privacy rights. Moreover, if the individual’s consent for the blood draw was not obtained in line with legal standards, this might be another viable angle for objection.
- Statutory Requirements Not Met: Florida has specific laws detailing when and how blood can be drawn in DUI cases. If Florida’s statutory requirements for a mandatory blood draw are not met, or if the officer failed to follow proper legal procedures, the defense can successfully object to the admissibility of the blood test results.
Read More > How to Discredit Breathalyzer Test Results
Contact an Experienced DUI Defense Lawyer Immediately to Object to a Subpoena
Successfully challenging the admissibility of blood test results can lead to favorable outcomes for the DUI defendant, including the possible dismissal of charges if the evidence is necessary for the prosecution to prove guilt. The experienced DUI defense lawyers at Stechschulte Nell in Tampa can indeed object to a subpoena for a blood test in a DUI case.
Objecting to a prosecutor’s petition for an investigative subpoena requires your DUI defense lawyer to use the specific facts of your individual case as the foundation of the objection. After conducting a thorough interview with you and applying Florida law to your facts, the best DUI defense counsel in Florida will prepare and argue the most effective objection to the subpoena.
If you’re looking for an experienced Tampa area DUI defense law firm, give Stechschulte Nell, Attorneys at Law a call at 813-280-1244.
