Silver Spring, MD Blood and Breath Tests Attorney

DUI Chemical Testing Lawyer in Silver Spring, MD

When a person is arrested in Maryland on suspicion of driving under the influence of alcohol or drugs, the police are very likely to use chemical testing to try to determine - and later prove - the person's exact level of impairment. The two most common types of chemical testing are blood tests and breath tests. Although these types of tests may seem very scientific and foolproof, this is not always the case. Improperly administered chemical tests may be no more reliable than highly subjective field sobriety tests. Blood and breath tests can fail when they are not administered correctly and under perfectly controlled conditions.

The Law Offices of Gerstenfield & Demirji, PC. will carefully review any chemical tests you were subjected to after your DUI arrest. We often find that the police officer or hospital care provider who administered or recorded these tests did not follow the proper procedure, or that the arrestee's rights were violated when the police subjected him or her to these tests without consent or legal authority. In many cases, our skilled legal team is able to have the results of these tests excluded from court, which sometimes results in a DUI charge being dismissed or the defendant being found not guilty.

Problems With DUI Blood Tests

Blood tests must be administered in a very precise manner to produce reliable results. Common issues with DUI blood tests we identify include:

  • Wrong setting - Blood tests cannot be taken in the field or at the police station. These should generally only be performed at the hospital.
  • Reuse of kits - The kit used for a blood draw is single-use only. If any component of the kit is reused, it is likely contaminated.
  • Previously opened kit - Even if a blood draw kit was not used, if it is opened, it should be discarded. If an officer opened the kit previously and then put it back on the shelf, it could be contaminated.
  • Improper handling - Immediately after blood is drawn, the test tube should be sealed, carefully labeled, and sent to the lab. Mishandling a sample could lead to contamination or mislabeling.
  • No warrant - A person's blood cannot be drawn by force. If you did not consent to a blood test, it was not performed for emergency medical reasons, and the officer did not get a warrant, the result likely cannot be used against you.

Problems With DUI Breath Tests

Most of the issues that can keep a blood test out of court would also apply to breath tests. Other common problems that specifically pertain to breath tests include:

  • Radio in the room - If an officer brought a radio into the room while the breath test was being given, the radio could have interfered with the testing equipment.
  • Equipment maintenance - Breath test equipment must be kept properly calibrated and must be stored and maintained properly to reliably produce accurate results.
  • Improper testing procedure - Breath tests must be administered according to a very specific procedure, which includes supervising the subject for a certain period of time before giving the test to ensure that the subject does not eat, drink, or vomit.
  • Medical conditions - If the test subject has a medical condition such as GERD, a fever, liver disease, or diabetes, his or her breath test reading could have been falsely inflated.

DUI Drug Tests

Drug DUIs are a complicated legal issue. Simple drug tests that do not show the concentration of a drug in a person's body are often used to "prove" that a person was impaired by drugs. However, a variety of issues can cause a false positive result on a drug test.

Contact a Montgomery County, MD Blood and Breath Test Lawyer

The Law Offices of Gerstenfield & Demirji, PC. is highly knowledgeable regarding the chemical tests used after DUI arrests. Our experienced Silver Spring, MD DUI lawyers will work to uncover any issues with your blood or breath test that may result in your test results being thrown out of court. Contact us at 301-589-9500 for a complimentary consultation.

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