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DUI Protocol

A recent version of the Toxicology Standard Operating Procedures were issued by the FDLE Forensic Quality Manager on January 13, 2015, in version TOXSOP15. Unit 2 of the TOXSOP15 deals with DUI protocols for the analysis of blood and urine samples.

If you were arrested for DUI and your blood or urine sample was analyzed at a FDLE crime lab, then contact an attorney familiar with the standard operating procedures used by FDLE. We can determine if FDLE made any mistakes during the analysis of your blood or urine specimens submitted as part of a DUI investigation.

Unit 2 of the TOXSOP15 deals with the protocols developed by FDLE to provide for consistency in the analysis of blood specimens submitted for DUI investigations.

A. Work Request Form

A uniform toxicology DUI work request form shall be provided to contributors. This information shall be used in case management of DUI toxicology submissions. This form shall be reviewed and updated as circumstances require.

B. Submissions with Blood or Urine Specimens:

  1. Urine specimens submitted as part of a DUI investigation shall have drug testing performed.
  2. Blood specimens submitted as a part of a DUI investigation are analyzed for blood alcohol concentration.
    • Note: For blood specimens submitted in misdemeanor DUI investigations, if the measured blood alcohol concentration is 0.08g/100mL or higher, drug testing shall not be routinely completed.
    • For blood specimens submitted in non-misdemeanor DUI investigations, requested drug testing shall be completed regardless of the alcohol concentration.
  3. Immunoassay drug screening shall be performed initially on the urine or blood specimen if the case meets certain criteria (see note above). This screening procedure shall test for the following drugs or drug classes: Amphetamines, Methamphetamines, Barbiturates, Benzodiazepines, Cannabinoids, Carisoprodol, Cocaine Metabolite, Methadone, Opiates, and Oxycodone.
  4. Specimens that screen positive by immunoassay must be confirmed by a mass spectrometry testing procedure prior to being reported.
  5. Specimens that screen negative by immunoassay may be reported as negative. The report shall include the above list of drugs/drug classes. This does not preclude the possibility of identifying and reporting other drugs.

C. Submissions with both Blood and Urine Specimens

  1. When a submission contains both blood and urine specimens submitted as part of a DUI investigation, the blood sample shall be analyzed for blood alcohol concentration.
  2. Immunoassay drug screening shall be performed initially on the blood specimen if the case meets certain criteria (see note above).
  3. Blood specimens that screen positive by immunoassay must be confirmed by a mass spectrometry testing procedure prior to being reported. No testing shall be required on the urine sample.
  4. If the blood sample screens negative, the urine sample shall then be screened for the above drug or drug classes.
  5. Urine specimens that screen positive must be confirmed by a mass spectrometry testing procedure prior to being reported.
  6. Urine specimens that screen negative can be reported as negative.

Attorney Fighting DUI Blood Test Results Based on Protocol Violations

Was the blood test in your case subjected to these protocols or should the results be excluded by the court because of a violation of these protocols?

Contact an experienced DUI defense attorney in Tampa, FL, to discuss your case today.

We represent clients charged with DUI involving a blood test, including a legal blood test or a medical blood test to determine the BAC throughout the greater Tampa Bay area including Tampa and Plant City in Hillsborough County, Brooksville in Hernando County, New Port Richey and Dade City in Pasco County, Bartow and Winter Haven in Polk County, FL.

Call 813-250-0500 to discuss ways to fight these types of complex DUI cases.


This article was last updated on Tuesday, August 21, 2018.