Maryland DUI Drug Testing
There are two different ways that authorities can test for the presence of the drugs in a Maryland DUI drug testing process. The first, is they can prove the presence of drugs by conducting a blood test. Oftentimes, if a person’s blood is drawn, and it is accurately analyzed, it is possible to show the different kinds of drugs that were in the person’s system. Talk to a skilled DUI drug lawyer in Maryland for more knowledge on testing.
Impairing the Driver
Drugs in a person’s system does not necessarily mean that they were impairing the driver. Of course, if the person’s blood is drawn and there is cocaine detected in the person’s system, that potentially could evidence that they were driving while impaired by cocaine. It depends on the levels detected in the person’s blood.
It is important to remember that although the drug is no longer affecting a person’s body, traces of the drug are still detectable in the blood. For example, a person could smoke marijuana and if they are tested for marijuana over the following 30 days, marijuana could be detected in their system even though it is not affecting them at the time.
Drug Recognition Experts
Another way that the state can attempt to prove that there is a presence of drugs is by utilizing what is called a drug recognition expert. A drug recognition expert is referred to as “DRE”. A DRE is a police officer who has received training to identify if a person is under the influence of different classifications of drugs. A DRE performs a series of tests and gives an opinion as to whether or not the person was under the influence of, for example, the classification of drugs that are depressants or stimulants.
The DRE’s opinion is also based on the results of a blood test. A part of the drug recognition expert’s examination is to draw blood from the defendant to try and verify what the physical examination is showing. It is important for people to be aware that they have the right to refuse to take part in these Maryland DUI drug tests.
A person cannot be compelled to submit to these tests or participate in these examinations. They have the right to refuse and they have the right to request to have an attorney with them before they make any decision about what tests to participate in. The only exceptions to that is under the statutes, if someone is involved in an automobile accident and someone has suffered life threatening injuries, then they can be forced to give a blood test. Under that particular scenario, they would not have a right to refuse, regardless whether or not there was an investigation.
If somebody was driving a car and then they are subsequently hospitalized or they go to the ER for treatment, it is possible that blood that was drawn at the ER could be used as evidence. The state could attempt to use the results of that blood test to prove that the person was under the influence of something. That situation becomes complicated because those tests are not being done for investigatory purposes, so the results have to be modified in order to make them admissible in court. Maryland DUI drug testing can be complex, but an experienced lawyer is available for guidance.