Prince George’s County Drug DUI Tests
Prince George’s County drug DUI tests are not infallable. In fact, simply because you have given a sample or were found to have a substance in your system during your arrest does not mean that you could not improve your current situation. An experienced attorney could work with you to prepare a defense or take steps to mitigate sentencing. Reach out to an attorney today.
How Prince George’s County Authorities Test for the Presence of Drugs
In an ideal world, everyone submits to a blood test. However, an individual has an absolute right to refuse that, so the state uses drug recognition expert officers, or DRE officers. They use a series of very specific exams with 12 steps to determine if someone is under the influence.
They try to get the person to submit to a blood test within four hours, but also provide testimony as so-called drug experts to say that a person was impaired.
Refusing an Impairment Test
A person has an absolute right to refuse any test offered In Prince George’s County. For a standard field sobriety test, they are able to say no. For a breath test, they are also able to say no. The United States Supreme Court supports that decision. They have an absolute right to refuse arrest, but they could be sanctioned. Sanctions come from the Motor Vehicle Administration or from the MDOT, the Maryland Department of Transportation.
On the back of every license in Maryland, there is a section that gives consent to chemical testing. In other words, chemical testing for intoxication is required by law.
Right underneath that, it says that longer license suspensions may result from refusal to be tested. Possessing a license gives officers consent to preform these tests.
People are allowed to drive a vehicle, but they must comply with all the rules of the road. If they refuse a test, they could have their license suspended and other penalties such as an ignition interlock device into which they must blow to test their BAC before they could start the vehicle.
However, a blood test is invasive. The United States Supreme Court stated that for a blood draw, an individual must have a warrant. In Maryland, if an individual consents to a blood draw, officers would take them to a hospital, where they use a sealed, sterile kit, to collect and test the blood.
The person must consent to that or the officer must get a warrant. Most officers in Maryland want nothing to do with the blood test. It is complicated. It is very specific. There are certain things that must be done. It does not always go as planned, so they are careful. Officers would rather just mark someone down as a refusal of a Prince George’s County drug DUI tests.
Impairment and How the County Demonstrates It
Impairment is exceptionally subjective. Everything about an individual’s driving in that moment is subjective, from whether they were in an actual accident to whether they were actually driving or were found asleep in their vehicle.
All the ways and circumstances surrounding the stop are weighed against the interaction. Attorneys try to vet if the intereactions were in accordance with the law. Did they hand the officer their license and registration? What are the officer’s observations that they made? Was the suspect rude or acting irratically? Judges weigh all of this. An alleged offender’s candor with the court is impacted by their candor in that moment of the stop. If the person gets into an argument or is aggressive with the officer, that shows the court that their decision making process seems to be impaired. Every detail is important, including the opinion of a Drug Recognition Expert.
The state relies on DREs to apply what they learned in a simple course, but they are not doctors. One defense is that these officers simply took a course and do not have actual medical experience. However, this is just one way to combat Prince George’s County drug DUI tests.
Speak to an Experienced Legal Professional for Help
DUIs could be alcohol-related or they could be drug-related. Drug-related DUIs are distinctly different, and they require a lawyer with experience. As people smoke marijuana more regularly, just like people going to drink, the need for skilled attorneys has increased in this area. Ultimately, the issue comes down to how much in their system impairs them or how much in their system puts them under the influence.
If you or a close friend was arrested for driving under the influence of a substance, then you need to contact an experienced attorney. Lawyers could work on your behalf to challenge Prince George’s County drug DUI tests that led to an arrest. Reach out today.