Bethesda DUI Drug Tests
There are numerous chemical tests that may be used to test for drug impairment in Bethesda DUID cases. The most commonly used are blood tests as Maryland does not typically use urine for any purpose and the DUI drug testing protocol in Bethesda requires that the individual submit to a blood test.
The courts believe these tests are extremely accurate, but only if done properly. A drug DUI attorney in Bethesda can assist a person during their case by reviewing the protocols and procedures before cross-examining the experts that conducted and evaluated the tests to determine whether they should be relied upon and admissible in court.
If there is a blood test or urinalysis screening, it must be administered by someone with expertise on how to administer that specific test. Officers can administer urinalysis screenings without calling in a nurse because it does not require extensive training.
The test is analyzed by the police lab, or officers sometimes subcontract the analysis to various other forensic laboratories. Anything in someone’s blood is potentially going to be picked up by the blood test the officer requests during an arrest for suspicion of a DUI.
Blood tests are typically administered by a phlebotomist, who has a license to draw blood and has specialized training in how to draw and store it. This person will be responsible for taking those steps and ultimately submitting the fluids to a lab so that they can be evaluated and become admissible in court after their evaluation.
The evaluation can take several months to screen and get results because the Maryland labs are busy and are not staffed for the volume that is handled. A test and evaluation take minutes, but the laboratory delays mean that, sometimes, the results are unavailable for months.
Drugs Commonly Involved in DUI’s
The types of drugs that are primarily seen in these Bethesda DUI drug tests range from marijuana to harder illegal substances, like heroin, cocaine or MDMA. Prescription medications or non-prescription medications are also common in drug DUI cases.
These tests can sometimes pick up substances like allergy medications that are legal, but just because someone is taking allergy medication, it does not mean they are allowed to drive while taking it, particularly if that medication causes drowsiness.
DUID Test Refusal
In a drug DUI test in Bethesda, a person is permitted to refuse to take any field sobriety test or any test at the station that an officer tries to administer. The downside of refusing these tests is that a court is allowed to make presumptions about the refusal, including that the person believed that they would fail the test. An attorney can formulate the appropriate arguments to rebut that presumption afterward.
Accuracy of Drug Testing
The accuracy of the test is dependent on the procedures that were used to test them. For example, if there were issues with how fluids, blood, or urine were collected or stored, the accuracy of the test is reduced. Human error during the testing could reduce the accuracy as well. An attorney can help any individual argue the inaccuracy of drug testing if that defense existed in their case after a DUI drug test in Bethesda was performed.