Independent Blood and Urine Testing in Maryland DUI Cases

Independent blood and urine testing in Maryland DUI cases are done of a person’s own volition or on the advice of an attorney to get a medical professional to conduct the test instead of the police. This independent testing can be used by the defense to argue against a DUI and counter the test results reported by law enforcement.

To learn more about the benefits of independent blood and urine testing, reach out to a dedicated attorney. A seasoned DUI lawyer could explain your options and advocate on your behalf.

Who Administers Independent Blood and Urine Tests?

Maryland independent blood and urine testing in DUI cases are conducted by a licensed independent private medical professional who is hired to do the test. There are many private companies that conduct tests for employers, government contracts, or individuals facing a DUI charge. In the case of a person charged with a DUI, their attorney is making sure the testing is done by a legitimate company that complies with all the certifications and licensing requirements. After the testing is completed, the company shares its results with the defendant or their attorney for their own use.

Reasons for Independent Testing

There are several reasons why a defense attorney would suggest having an independent blood or urine test conducted, including the chance the test leads to a favorable result. This could enhance their chances of having the charges mitigated or dropped.

The results of a test could show a prescription drug was in the person’s blood system that caused them to test positive when the police tested them. This result could also lead to a positive outcome for the defendant.

The independent tests also may call into question the police results, perhaps because of the timing or the way the test was conducted. A favorable test could be used to challenge the state’s evidence either in plea negotiations or during trial.

Using Independent Blood and Urine Tests as Evidence

As long as the test results satisfy the rules of evidence, they are admissible in court. This means the results have to be relevant and cannot be from tests made months before or after the DUI arrest. There are other evidence rules that ensure the evidence is authentic, such as it was done by a licensed professional.

There are different ways to authenticate it, such as with documentation, sworn statements, certified records, and the testimony in court by the person who conducted the tests. As long as the evidence complies with the rules, they will be admissible and able to be used at trial.

Hiring an Expert Witness to Testify

As long as a witness has evidence testimony that is relevant to the issues before the court, they may be called as a witness. If they have the background, education, and experience to qualify as an expert, they can testify as an expert witness. Most doctors or medical technicians who are fully licensed and have adequate experienced will be qualified by the court.

If a person has an adequate professional record and the background and experience, they can be called on to explain the test results. This can be crucial if there is a dispute over the results, or the independent test results are inconsistent with tests done by the state. The expert can testify and explain in more detail about how the test was conducted and why the results are what they are, what their meaning is, and perhaps challenge information offered by the state.

Contact a Maryland Lawyer About Independent Blood And Urine Testing

Independent blood and urine testing in Maryland DUI cases can be beneficial to defendants. If an independent test results in a favorable outcome, the defense could submit it as evidence and use it to argue against the State’s case. To learn more about independent testing and how an attorney could help your case, call today.