Challenging Maryland DUI Blood Tests
Blood is typically not drawn for DUI tests in Maryland. However, an officer may request it in situations where there was an accident and the person they want to test is in the hospital with injuries. They may also ask for a blood draw if they are alleging that a DUI is due to the use of drugs.
If you have been charged with a DUI based on a blood test, you should contact an experienced Maryland DUI lawyer as soon as possible. Challenging Maryland DUI blood tests is possible in some situations, and an attorney could examine the details of your case to determine the best defense. Call today to discuss your case.
When Are Blood Tests Allowed?
Blood cannot be forcibly withdrawn from a person’s body. The United States Supreme Court ruled on that and said that is not allowed. If a blood draw is necessary, police need a warrant
A blood kit must be drawn properly. It is a kit for that singular blood draw and that blood draw alone. It is done and observed by an officer. The test must be pending sealed and submitted to forensics to do a proper evaluation of the test. How they draw the blood and every piece of that is very important and it must be done in a very specific manner.
Blood draws are not allowed to be done in the field. They are not allowed to be done at a station. They are usually done at a hospital.
The Accuracy of Blood Tests for Determining Impairment
Blood tests are usually reasonably accurate in determining drug impairment. However, a person can argue that the percentages are off and if it is close to 0.08, it may very well be underneath it. It may not be enough to relieve a person of being found guilty of driving while impaired, but a lawyer can still fight it.
Accuracy will depend on the drug that a person is taking, especially with prescription and over-the-counter drugs. Some last for four hours, others last for eight hours. But if a person is doing something that could affect the half-life of a pill, or how it is digested, or if a person has an issue with their body, that is really important.
Body chemistry is important, as is the chemistry of whatever drug it is. It is also harder to determine impairment in terms of drugs. What truly classifies as being impaired? Was there a trace value? What if it was something that a person had been given by a prescription?
Challenging a Blood Test
Challenging Maryland DUI blood tests usually requires the use of an expert, and that comes at a cost to the defendant. But a person certainly wants to rely on the evidence of an expert looking at the state’s evidence and contradicting it for certain very specific reasons. It is really nothing that an attorney can argue from a science perspective without having that individual there.
The case precedent and other things can be involved in this, but you have to establish that that test is not reliable, and the only way to challenge a test is by having someone else who can analyze it. That is why the state police should maintain the blood taking, at least for a window of time it allows a person to have it independently tested.
A lawyer may recommend that the person go get their own blood test taken at an urgent care or any facility where the blood can be drawn. They can let the staff know that they want it to be done the proper way and not by the use of alcohol cleaning the area so that they get a good clean sample.
Contacting a Maryland DUI Attorney
In Maryland DUI cases, timing is critical. A person charged with a DUI should get in touch with an attorney immediately and begin building a defense. An attorney with experience challenging Maryland DUI blood tests could fight on your behalf for a favorable outcome. Call today to schedule a consultation.