Independent Blood and Urine Testing in Anne Arundel DUI Cases
Independent blood and urine testing is used in DUI cases by the defense to help prove that a driver was not intoxicated at the time of their arrest. However, because the body metabolizes alcohol quickly, it needs to be done as soon as possible after being released from custody. Having blood or urine independently tested could go a long way in disproving the State’s case against a person. If you wish to know more about independent blood and urine testing and its potential benefits for a defense, call a DUI lawyer in Anne Arundel County right away.
When to Submit to Independent Blood or Urine Testing
If you are going to submit to independent blood or urine testing, it should be done immediately upon being released from the officer’s custody. The validity of the sample is going to be significantly affected by any kind of time delay. If an individual talks to a DUI lawyer a week after the arrest, at that point, there is little reason in having an independent blood or urine analysis done. If an individual speaks to an Anne Arundel lawyer immediately upon release, there is still the possibility of getting a valid sample from an independent blood or urine test.
An independent blood and urine test can provide evidence that the driver was not impaired at that time of the incident. If an officer is alleging impairment, then the individual will have proof at the end of the arrest that shows that there were no drugs and/or alcohol in their system. That is going to go a long way towards challenging the State’s case that the driver was impaired and it can be helpful in exonerating a falsely accused individual.
Using These Tests as Evidence for the Defense
Independent lab results can be used to challenge the State’s case and if the case is tried, those results can be used. As a general rule, there has to be a specific reason to exclude the results from trials that matter and it is the State’s responsibility to file. Generally, independent results are admissible.
Expert witnesses can also be used to support the results of independent testing. If a person is qualified as an expert by the defense, they can be brought in as an expert witness. When your attorney wants to bring that person in, they would go through the proper procedural hurdles to get them and keep them qualified properly as an expert. Expert witnesses brought in by the defense will testify regarding the type of procedure that was done, especially if they were the one to administer the original test, and describe in detail various information pertaining to the procedure and how it is applied.
Excluding Test Results
To exclude test results, the State could say that the sample was not viable or that the testing was not validly done. If the testing was done after the incident, then the State could also move to exclude the results because it would have no factual basis to admit the results as connected to the driving behavior.
Other Evidence Beneficial to the Defense in a DUI Case
To determine what other evidence a DUI attorney needs, in addition to independent blood and urine testing, is fact-specific for the individual case. In some cases, that may be all that is required to help a person achieve a favorable outcome, while other cases require some additional evidence. The facts and circumstances of the individual cases determine what your attorney needs to gather to most effectively present the defense in court.