Three Common Issues with DUI Blood Tests in Maryland

 Posted on July 19, 2024 in Uncategorized

Driving under the influence (DUI) charges are serious offenses. In Maryland, as in many states, blood tests can play an important role in proving or disproving these allegations. Contrary to popular belief, blood tests are not foolproof. Several common issues can arise with DUI blood tests that can significantly affect the results and consequent legal proceedings. Remember, if you are facing DUI charges, a Maryland DUI defense lawyer can assist you.

The Problem with Field and Police Station Blood Tests

One significant issue with DUI blood tests is the setting in which they are conducted. Ideally, blood draws should occur in a medical environment to ensure proper hygiene, technique, and condition control. However, in some DUI cases in Maryland, blood samples might be taken in the field or at a police station.

These locations are typically not equipped with the necessary facilities to handle biological samples accurately. Lack of proper sanitation and the potential for contamination can compromise the integrity of the test, increasing the chances of false readings, which can unfairly impact the accused.

Risks Associated with Reusing Testing Kits

Another critical factor in the accuracy of DUI blood tests is the quality and condition of the testing kits used. Unfortunately, there are instances where kits may be reused despite regulations against such practices. Reusing blood kits can lead to cross-contamination, which can severely compromise the purity of the sample.

This contamination can cause inaccurate results, showing higher blood alcohol content (BAC) than is true. Individuals charged with DUI based on results from reused kits might be convicted unfairly. Scrutiny of the kit’s history is, therefore, essential in any DUI defense.

Improper Handling of DUI Blood Samples

The journey of a DUI blood sample from the point of collection to the lab where it is analyzed is filled with opportunities for mishandling. Proper handling protocols must be meticulously followed to ensure the sample remains uncontaminated and accurately represents the individual’s BAC at the time of the alleged offense.

Common mishandling issues include incorrect storage temperatures, improper labeling, and incidental exposure to elements that could alter the sample’s integrity. For instance, improper storage can cause fermentation in the blood sample, artificially increasing alcohol content. Such issues highlight the necessity for rigorous procedures to maintain the integrity of the sample.

Contact Our Silver Spring, MD DUI Lawyer

Whether it is the flawed setting of a blood draw, the dangers of reused kits, or the pitfalls of improper handling, several common issues can compromise DUI blood tests in Maryland. For anyone facing DUI charges based on potentially flawed blood test results, contact a Montgomery County, MD DUI attorney with The Law Offices of Gerstenfield & Demirji, PC. We are available 24/7 and are ready to assist you. Call 301-589-9500 for a free consultation.