A Sumter County man charged with DUI manslaughter, DUI with serious bodily
injury, and two counts of DUI causing property damage asked the court
to throw out his blood-alcohol test because the blood draw had not been
done properly. The appeals court rejected that request, saying the results
of the blood-alcohol test still stand.
The man reportedly hit another vehicle in Daytona Beach in 2012. The driver
of the other vehicle was injured, and the passenger died. When taking
the accused man’s blood, the paramedic used only dry gauze to clean
the puncture site, because the accused man claimed he was allergic to
iodine. In Florida, it is a state rule that antiseptic must be used on
the puncture spot before a blood draw is done.
Three judges in the appeals court determined that the results of the blood
test were still reliable, regardless of the dry gauze application.
In Florida, there is a four-year mandatory minimum for a DUI manslaughter
conviction, but the actual sentencing time varies greatly. Recent cases
in the news have ranged from 4 years for a DUI accident that resulted
in 2 deaths to a 24 year sentence for an accident that resulted in 2 deaths.
The actual prison time sentencing ranges widely from case to case, and
from county to county. If you or someone you know is facing DUI charges
of any kind, contact a DUI attorney today. The right lawyer can make all
the difference in your case.