Annapolis DUI Drug Tests
The process for gathering evidence in an Annapolis drug test is very specific. With regards to what law enforcement is testing for and how they are doing it, if they will need a blood test, the blood is going to have to be taken specifically in a sealed post mortem kit. It must be sent over and packaged in a specific way to the state police forensics units that will be testing it.
In most counties, all the testing is done by the Maryland state police within their forensics laboratories. There are only a handful of people in the state of Maryland that can actually testify to the blood test itself and the conditions in which it is taken. During an Annapolis DUI drug test, law enforcement will be looking at the drugs themselves and what they may or may not be.
If you are facing a charge after taking an Annapolis DUI drug test, it is important to consult with an attorney as soon as possible to begin reducing the penalties associated with your charge.
Substances Being Tested
An Annapolis DUI drug tests for substances in a person system.
For example, if a person has been taking an allergy pill daily, there is certainly a good amount of it that may be built into their bloodstream at this point, which would be consistent with what would be found in a blood test. Even if an individual takes prescribed medication or other things that they would have a resistance to, it would still come back in their blood.
These drugs are very easy to recognize with the test, but law enforcement has to be able to get the information together to get there. There is an incredibly specific way that it must be done.
Refusing the Test
An individual has the right to refuse any standard field sobriety test. An individual can also refuse any contact with a drug recognition expert, and they have the right to refuse both a breath and/or a blood test.
Accuracy of a Blood Test
The accuracy of an Annapolis DUI blood test is a long debated question, especially in terms of how accurate it can be for marijuana or any other drug. Law enforcement must look at this question in two parts: Why is the drug present? If it is present, how much?
The why element involves why it was prescribed by a doctor, how long the person has been taking it for, and how often. If the prescribed amount is what comes back in the blood test and no more (i.e. the person was taking the prescription like they were supposed to), does that still mean the person was under the influence? That is something that must be debated by lawyers and prosecutors.
Law enforcement still does not know what would designate an individual as under the influence according to what is done through drug testing. There has also been a strong push to end the testing altogether. The question will be there until the rules and laws are established in a way that is reliable.
Because there is no definitive answer, it is not just the blood test that is important, but it is also how a person does on the DRE examination. An Annapolis DUI drug test involves chemistry. If the blood sample was not preserved properly, sat around too long before it was analyzed and coagulated, or if it was not kept in proper refrigeration, an incorrect conclusion can occur.