If you are pulled over and arrested in Maryland for driving under the influence of alcohol or drugs (DUI), you will likely be asked to submit to chemical blood tests, typically in the form of a breath test or blood draw. While chemical breath tests may be administered by trained police officers at the station, the rules are very different when it comes to blood draws. You may think that police officers are the ones doing any and all tests when it comes to DUI offenses, but this is a common misconception.
Simply put, police officers have neither the training nor legal authority in Maryland to be the ones who physically conduct blood draws pursuant to a DUI or DWI arrests. Maryland law requires hospitals, physicians, nurses, and qualified technicians employed by such hospitals to be the ones to withdraw blood samples, when properly requested to do so by a police officer.
In Maryland, the actual testing of the blood for alcohol content must be performed by a qualified or certified clinical laboratory that is licensed and approved by the State of Maryland (Maryland Department of Health and Mental Hygiene). The use of state-approved laboratories, equipment, procedures, and personnel is a minimum threshold for admission of blood and chemical tests in a DUI or DWI case.
For example, the "chain of custody" of the blood sample is very important, that is, after blood was taken from you, who handled it and when. The more people who handle the sample, the higher the possibility that foreign substances have been introduced into your blood sample prior to testing or that it was handled by an unqualified individual or that it was improperly handled or stored. Furthermore, you may have unique medical conditions that may skew the test results (such as diabetes or high blood ketones) or the blood test may have been taken outside of the 2 hour window in which it must be performed. Lawyers must examine each case independently, as the unique facts presented may provide legitimate defenses and angels to challenge your DUI charge.
ABOUT CHARLES JEROME WARE
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
No comments:
Post a Comment