Alpert Schreyer Criminal Defense Attorneys Knows How to Fight Blood Tests
In most cases, the police use breath tests to determine a driver’s breath alcohol content because blood tests are more expensive for the state to administer.
However, in the case of a serious car crash where tests cannot be conducted at the scene, or because of other unusual circumstances, a blood test may be performed later on. The officer may speak with the injured driver and determine whether or not they are drunk by observing cues like slurred speech or bloodshot eyes.
If you have been pulled over and accused of drunk driving, you may have questions about blood test requirements. At Alpert Schreyer Criminal Defense Attorneys, we have answers. With five convenient offices in Bowie, Frederick, Lexington Park, Waldorf, and Rockville, we are here for you when and where you need us, contact us at (301) 262-7005.
Am I Required to Consent to a Blood Test?
You are not required to submit to a blood test unless the accident resulted in death or a life-threatening injury, in which case you must. You have the right to speak with an attorney before providing any blood sample.
If you do consent to a blood test, a hospital employee will draw blood to test for the presence of alcohol. In Maryland, this test is analyzed by the state’s laboratory. The results of the blood test can be used in a court case against you.
If you do not consent to a blood test, usually hospital records are used, which do not have any legal standing on their own. In court, an expert has to explain the results, which can make the state’s case somewhat more difficult to prove.
How Accurate Are Blood Tests?
A state blood test for alcohol must be administered within two hours of driving to be deemed admissible in court. Any blood tests have to be completed by a trained person using the right equipment. Additionally, the technician or chemist who analyzed the results of the test can be compelled to testify, and the accused has the right to set up an independent blood test.
Blood is considered the most reliable test compared to breath and urine tests, but human error and other factors can affect its reliability. As with any test for alcohol, there are many things that can go wrong with a blood test. Hospital test results have been found to increase the level of alcohol in the system by as much as 25%. Results can be contaminated, not stored properly, or not taken properly. The bottom line is that they’re fallible just like other tests.