Independent Blood and Urine Testing in Montgomery County DUI Cases
The issue of independent blood and urine testing frequently comes up in Montgomery County DUI cases. An individual might want to have blood or urinalysis screening done after they are placed under arrest. The results may assure the court system that the person was not under the influence at the time they were driving a vehicle and the readings or allegations against them in court are false.
Most of the time when it comes to the alcohol-related case for DUI, however, independent blood or urinalysis screening is a waste of time and money because alcohol is quickly out of a person’s system. Still, in certain cases, an independent blood or urine test may be advantageous.
Benefits of an Independent Blood or Urine Test
If a person undergoes independent blood or urine tests, they may use an independent agency to do the testing. If they decide to go to a doctor’s office or lab, their attorney might ask that they provide certified records to the court with the findings to use them if they are relevant to the case.
By the time an individual has an opportunity to be screened for alcohol independently of tests done at the police station, their system is most likely clear of the alcohol or the level is significantly reduced in terms of the alcohol, making the test irrelevant in the eyes of members of the court.
If a person is charged with driving under the influence of a controlled substance like marijuana or other illicit drugs, however, it is important to have an independent screening to show whether a person had anything in their system. Many illicit drugs remain in blood and urine for days or weeks after consumption.
If a defendant has an independent screening, they should have it done immediately after they are released. If the screening is not immediate, the prosecutor may question the relevance of the results because of the length of time between the individual’s arrest and the independent screening.
Using an Independent Test Result in Montgomery County Court
Usually, independent test results may be used as evidence in court when they are certified, and the court believes they could be relevant. Once the defense attorney receives the results, they could whether they are favorable to the client. An attorney would then usually get a certified copy of the records and put the state and the court on notice about using the records.
If there is no objection or the objection made by the state is overruled, the attorney brings the records into the court to make the argument that the defendant was not driving under the influence at the time the prosecution alleges.
The person who conducted and/or analyzed the sample could be brought in as an expert, as long as the attorney follows the correct protocol to introduce them as an expert. The defense attorney must notify the state of their intention to use the individual as an expert and provide their findings as well as other supporting materials like their qualifications and credentials to the state and the court.
Usually, an expert witness is not necessary at a bench trial because judges understand the information well enough. It is more likely that an expert is used at a jury trial when regular members of the community do not have experience evaluating these kinds of results need somebody to explain them. After hearing from an expert, a determination is made about whether the information is valid and may be considered by the jury when determining a favorable result for the client.
Role of a Montgomery County DUI Attorney
Usually, in a DUI case, the attorney has a comprehensive conversation with the client to understand everything about them. They may consider the events of that day, who the client is as a person, and what their general health is like. The defense needs a broad picture to work from to develop a strategy for the defense based on the interview and interrogation.
Part of building a comprehensive view of a defendant in Montgomery County DUI case may involve independent blood or urine testing. An experienced lawyer could work with a defendant and determine what evidence will be most useful to their defense.