Proving Impairment in Baltimore DUID Cases

The most common way to prove impairment in DUI drug cases is through the administration of a blood test, which if done properly, can be used as evidence in court. Therefore if you have been accused of driving while under the influence of drugs and have been administered a blood test, it is important you consult with a Baltimore DUID lawyer as soon as possible to discuss your case and begin building a defense.

Tests Used In DUID Cases

In order to determine impairment in DUID cases law enforcement officers will primarily use a blood test in Maryland. That can either be an evidentiary blood test focused on the drug detection, or if an individual is hospitalized as a result of a car accident, it can be a hospital blood draw. Those two tests have different evidentiary hurdles that need to be met in order to admit them into evidence. They are different from a legal perspective.

Typically these tests are administered by a phlebotomist, and the blood is sent to a lab that does chemical analysis. The amount of time it takes to get blood results back vary by jurisdiction and by the type of test that was administered, whether it is a hospital blood draw or an evidentiary blood draw. Depending on these factors drug test results can take anywhere from a few days to several months.

Drugs Commonly Found

The types of drugs that are most commonly found in Baltimore DUID cases varies. In some jurisdictions prescription medications may be the most commonly found drug, while in other jurisdictions, illegal drugs such as cocaine or heroin might be more common.

DUID Test Refusal

In Maryland an individual is able to refuse a blood test, however doing so carries an administrative penalty, which is the same penalty as refusing a breathalyzer in an alcohol DUI. For a first refusal the penalty is a 270-day suspension of the individual’s driver’s license or a one year participation in the ignition interlock program.

Accuracy of Blood Tests

The accuracy of blood tests in Maryland vary as some labs are better at doing chemical analysis than others. In addition, testing procedures vary by phlembotomists meaning there are issues that a DUI drug attorney can use to suppress these tests if they are not properly conducted.

Ways Drug Tests Can Be Wrong

There are a number of ways in which a blood test can be done wrong. One example is human error at the lab. For example: perhaps the substance that was tested is not the same substance that was drawn from the defendant. There can be errors in shipping and handling. These would all fall under chain-of-custody type errors. The standards which labs use to calibrate their machines can be wrong, leading to incorrectly-calibrated machinery. There are many ways to mess up a chemical test if one is done.