State v. Kleiber

The State appeals the trial court’s order granting Stephen Kleiber’s motion in li-mine to exclude the results of his blood alcohol test based on the State’s alleged failure to comply with section 316.1933, Florida Statutes (2010), and Florida Administrative Code Rule 11D-8.012. The rule directs that prior to collecting a sample of blood, the skin puncture area is to be cleansed with an antiseptic that does not contain alcohol. In the instant case, the paramedic who drew Kleiber’s blood used a dry gauze, rather than an antiseptic, to clean the skin puncture area. Because the trial court…