Understanding DUI Blood Tests in Maryland
Our Experienced DUI Attorneys Know How to Fight Blood Tests
In most cases, the police use breath tests to determine a driver’s breath alcohol content because blood tests are more expensive for the state to administer.
However, in the case of a serious car crash where tests cannot be conducted at the scene or because of other unusual circumstances, a blood test may be performed later on. The officer may speak with the injured driver and determine whether or not they are drunk by slurred speech, bloodshot eyes, and other cues.
If you have been pulled over and accused of drunk driving, you may have questions about blood test requirements. At Alpert Schreyer Poe, LLC, we have answers. With five convenient offices in Bowie, Frederick, Lexington Park, Prince Frederick, and Waldorf, we are here for you when and where you need us.
Am I Required to Consent to a Blood Test?
You are not required to submit to a blood test unless the accident resulted in death or a life-threatening injury, in which case you must. You have the right to speak with an attorney before providing any blood sample.
If you do consent to a blood test, a hospital employee will draw blood to test for the presence of alcohol. In Maryland, this test is analyzed by the state’s laboratory. The results of the blood test can be used in a court case against you. If you do not consent to a blood test, usually hospital records are used, which do not have any legal standing on their own. In court, an expert has to explain the results, which can make the state’s case somewhat more difficult to prove.
The Accuracy of Blood Tests
A state blood test for alcohol must be administered within two hours of driving to be deemed admissible in court. Any blood tests have to be completed by a trained person using the right equipment. Additionally, the technician or chemist who analyzed the results of the test can be compelled to testify, and the accused has the right to set up an independent blood test.
Blood is considered the most reliable test compared to breath and urine tests, but human error and other factors can affect its reliability. As with any test for alcohol, there are many things that can go wrong with a blood test. Hospital test results have been found to increase the level of alcohol in the system by as much as 25%. Results can be contaminated, not stored properly, or not taken properly. The bottom line is that they’re fallible just like other tests.
When to Hire a Maryland DUI Attorney
There are many variables that need to be considered when preparing a persuasive drunk driving defense. Attorney Andrew Alpert has many years of experience arguing DUI cases in Maryland. He has received specific training in the defense of DUI cases and related issues, is certified to own and operate breath testing instruments, and is a certified breath alcohol technician. He has taught numerous DUI courses and has conducted lectures on state DUI laws and related cases.
To anyone finding themselves in need of THE BEST trial attorney money can hire I strongly recommend Andrew Alpert and if the need ever arises in my life again he WILL be my first call.- P.W.
Hiring Mr. Alpert was the deciding factor in getting my DUI charges dropped and getting my life and career back on track.- Former Client
Andy got my case done and away with, like it never happened on the criminal side. He was honest and upfront as to what he could affect and what he could not.- Germain
Our legal team boasts over 70 years of combined experience defending the rights of the accused.
Our attorneys are former prosecutors who know how to recognize mistakes made by law enforcement.
We have an established reputations as one of Maryland's top-rated DUI defense firms.
Our attorneys are committed to taking the time to clearly communicate & understand your case.
We have the resources to investigate cases, provide expert witnesses in court & advocate for you.
We promise to fight for you with the intensity, drive & skill necessary to produce results.