Law enforcement has created an entire system to determine if a driver is under the influence of an illegal substance while operating a motor vehicle. However, due to the complex nature of Maryland DUI drug tests, authorities may make errors when conducting an examination. A lawyer could fight the prosecutor’s claims that the accused was intoxicated by examining the results and building a defense case. Contact a knowledgeable criminal defense attorney for legal advice and guidance.
To conclusively establish the presence of drugs, law enforcement typically requests a blood sample. They could obtain a blood sample, send it off to a lab, and then analyze the result. Other times, a similar process may be done through urinalysis.
Law enforcement may conduct an examination by a drug recognition expert to establish circumstantial evidence for the use of the drug. This expert must typically receive specialized training to conduct these assessments which consist of a series of observations and questions. This includes observations about the person’s mannerisms, how are they communicating, whether they are slurring their words, and also the appearance of their eyes. They may also ask the person to perform a physical test, ask the person situational awareness questions that may include the date or the time, and may also ask the person to sit and estimate a period of time.
The assessment and the responses and observations from the drug recognition expert typically go into a report, and the drug recognition expert is considered to be able to ascertain whether or not the person is under the influence of a drug or other substance based on the results of that assessment. A Maryland attorney could investigate how authorities conducted the DUI drug tests to see if they made any errors. A case might be thrown out if law enforcement did not meet the necessary guidelines and standards during the examination.
A person is typically allowed to refuse to provide a biological sample and is allowed to refuse to participate in the drug recognition expert analysis. If the person refuses the biological testing, the Maryland MVA could suspend the person’s driver’s license. Maryland has an implied consent rule where a person is implicitly consenting to provide a biological sample to test for the presence of drugs or other substances by operating a motor vehicle in Maryland. If a Maryland driver exercises their right to refuse the DUI drug tests, they may have their driving privileges taken away for a period of time.
If tests are refused, Maryland authorities could still look at all the other circumstantial evidence they may be able to gather. They might look at observations about how the person was driving to determine if they driving recklessly or erratically. Authorities could also look at a physical observation of the driver based on the interactions of a person. Even if the person does not participate in the drug recognition expert analysis, observations about the traffic stop could be used as evidence of impairment. Anything that may have been found on the person or in the vehicle could also be used for evidence. This may include drugs or drug paraphernalia.
If you were accused of driving under the influence of drugs, you may need a strong defense. With a Maryland DUI drug attorney by your side, you could refute the prosecution’s arguments and work towards a positive resolution of your charges. Call today to get started.
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