DAVID LEE GALLAGHER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that blood test results are admissible if conducted within a reasonable time and their probative value outweighs potential prejudice.
Defendant was charged with DUI offenses after a traffic accident. Blood samples taken at various times after the accident showed blood-alcohol levels …
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PER CURIAM.
This case is before us on remand for reconsideration in light of the Florida Supreme Court’s decision in Miller v. State, 597 So. 2d 767 (Fla.1991).1
Defendant was involved in a traffic accident and was charged with multiple counts of manslaughter, DUI-manslaughter, and DUI-serious bodily injury. Blood samples taken approximately 46, 90 and 142 minutes after the accident indicated a blood-alcohol level of 0.11, .09 and .07 respectively. The trial court admitted the results of the tests even though the expert witness was unable to testify what the defendant’s blood-alcohol level was at the time the appellant was operating the vehicle.
We conclude that the results of the blood tests were admissible because they were conducted within a reasonable time and their probative value outweighed the potential for prejudice. Miller, 597 So. 2d at 770 (holding that alcohol test conducted an hour and twenty minutes after the defendant was stopped was performed within a reasonable time of the incident); Haas v. State, 597 So. 2d 770 (Fla.1992) (concluding that alcohol test results, standing alone, are circumstantial evidence, and the results may be sufficient to convict a defendant of DUI).
Affirmed.
. This court had previously affirmed the defendant’s conviction. Gallagher v. State, 570 So. 2d 442 (Fla. 3d DCA 1990). The Florida Supreme Court, however, vacated the judgment and remanded for reconsideration. Gallagher v. State, 597 So. 2d 767 (Fla.1991).
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Blasco v. State, 680 So. 2d 1052 (Fla. 3d DCA 1996)…of appellant’s blood alcohol level test administered approximately two hours after her arrest to be error; the fact of a delay went to the weight rather than admissibility of the evidence), rev. denied, 626 So. 2d 207 (Fla.1993); Gallagher v. State, 606 So. 2d 1236 (Fla. 3d DCA 1992)(holding results of a test administered two hours and [*1059] twenty-two minutes after an accident admissible because they were conducted within a reasonable tinie and their probative value outweighed the potential for prejudice).…
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Syndi R. Tracton v. City OF Miami Beach & Regina C. Siedentopf, 616 So. 2d 457 (Fla. 3d DCA 1992)…evidence by the jury and not to its admissibility. See Miller v. State, 597 So. 2d 767 (Fla.1991) (result of blood alcohol test taken an hour and twenty minutes after defendant last operated motor vehicle is admissible evidence); Gallagher v. State, 606 So. 2d 1236 (Fla. 3d DCA 1992) (a two-hour and twenty-two minutes old test is admissible). Because the BAL test results, along with a DUI videotape which was also erroneously excluded, were the only nontestimonial evidence available to the plaintiff to establ…
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State v. Hani S. Banoub, 700 So. 2d 44 (Fla. 2d DCA 1997)…d that a blood-alcohol test conducted one hour and twenty minutes after the defendant was stopped was conducted within a reasonable time. In fact, a lapse of up to two hours and twenty minutes has been found to be reasonable. See Gallagher v. State, 606 So. 2d 1236 (Fla. 3d DCA 1992). In Haas v. State, 597 So. 2d 770 (Fla.1992), the supreme court addressed the question of whether a blood-alcohol level test result must be related back to the time of the offense in order to convict of driving under the influenc…
Authorities Cited
- Gallagher v. State, 597 So. 2d 767 (Fla. 1991)
- Haas v. State, 597 So. 2d 770 (Fla. 1992)
- Gallagher v. State, 570 So. 2d 442 (Fla. 3d DCA 1990)
- Roman v. State, 570 So. 2d 442 (Fla. 3d DCA 1990)