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Question: Are there ways to contest the blood test in Maryland?

Answer: A blood draw that was done at the hospital where the police got involved and they turned it into a police blood draw, there are issues to challenge; there’s custody issues that you can challenge, and then you can also look to the machine that the blood was worked on or evaluated on. We have extensive discovery that we file on these machines and asking for all of the various specifications: maintenance records, procedures and all this kind of stuff that were utilized. These machines are state certified, they have to be certified, they have to be in proper certification within the time frames of the certifications and the proper documents have to be produced in court, and sometimes this can actually be challenging for the State to get these things together.

In addition to that, there are other things that you can do say, in a breath test, we touched on that. There’s the 20-minute waiting period, for example, there is the DR-15 reading of rights. The same thing applies for a police blood draw, there’s the DR-15 that they have to do as well. But, suffice it to say, there are ways to try to attack both of these technical specifications because it’s so important. Because once the number comes into evidence, like I said earlier, a 0.08 or higher is enough under the per se charge. So we have to do everything within our power to try to keep those numbers out of evidence.


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DUI/DWI Defenses and Court

› What are some common tactics that you use to get a DUI case reduced or dismissed in Maryland?

› Do you review the police report in preparing for a Maryland DUI case? Can you attack the police report as part of the defense?

› Why would an innocent person plead guilty to a DUI/DWI charge in Maryland?

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› What are some ways to attack the field sobriety tests in Maryland DUI cases?

› DUI Charge & Pleading No Contest

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Penalties

› Can you explain the penalties for a first offense DUI in Maryland?

› What are some of the repercussions later in life from a DUI conviction in Maryland?

› Will a DUI/DWI conviction in Maryland affect my credit score?

› If my license is suspended due to a DUI arrest, can I get any type of restricted or limited driving permit in Maryland?

› Are there any places that I cannot drive to with a restricted driver’s license in Maryland?

› What is an ignition interlock device and when might one be required in Maryland?

› What is the average cost of a Maryland ignition interlock device?

› DUI Accidental Death Penalties

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Roadside Test & Police

› What happens if you refuse the roadside breath test in Maryland?

› What should I say if a Maryland police officer asks if I have been drinking?

› Are Maryland police reports ever inaccurate?

› How will body cameras worn by police officers impact the way that Maryland DUI/DWI investigations are conducted?

› What is the difference between a hospital blood draw and a police blood draw in Maryland?

› How do police conduct drunk driving investigations in Maryland? What are they looking for?

› Can there be other causes for the physical signs of intoxication?

› What role does the police report play in a Maryland DUI/DWI case?

› Should I record a traffic stop with my smartphone? Can the video be used as evidence?

› Do police have to be within their jurisdiction to pull me over for DUI in Maryland?

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Laws

› What does probable cause mean in Maryland?

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› Are there any recent or upcoming changes to the DUI/DWI laws that people should be aware of in Maryland?

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Field Sobriety Tests & Defenses

› Is refusing to take a breath test considered a criminal act in Maryland?

› Are there ways to contest the blood test in Maryland?

› What are the repercussions for refusing the official state breath test in Maryland?

› What is the impact of a BAC number whether it is above or below a .08 in Maryland?

› Can a fever affect a Maryland DUI blood or breath test?

› Can the way a person blows into the Maryland breath test machine impact the results?

› Is it better for my case if I to fail the breath test or if I refuse a Maryland DUI breath test?

› Can you explain the Maryland HGN test?

› What are some defenses you have used for a client who failed the horizontal gaze nystagmus test in Maryland?

› Can you explain the Maryland one leg stand test?

› What are some defenses you have used against the one-leg stand field sobriety test in Maryland?

› Can you explain the Maryland walk and turn test?

› What are some defenses for someone who failed walk-and-turn test in Maryland?

› What are some defenses you have used for a client who failed the roadside breath test in Maryland?

› Can I request an independent breath or blood test in Maryland?

› What are some medical conditions that could affect the breath alcohol test in Maryland?

› Can you explain the Maryland breath test observation period?

› Can you discuss the issues surrounding the Supreme Court case of Birchfield v. North Dakota and its implications for Maryland DUI cases?

› Required to Take Field Sobriety Tests

› Non-Standardized Field Sobriety Tests

› Refuse Field Sobriety Tests

› Sobriety Checkpoint


FAQ

› What is the first thing a person should do after a DUI/DWI arrest in Maryland?

› What can you do to be proactive about your pending DUI case in Maryland?

› Do I need to hire an attorney from the area in which I got the DUI?

› What are the potential penalties for boating under the influence (OUI) in Maryland? Could a conviction impact my regular drivers license?

› Can you explain a rising blood alcohol level in Maryland?

› What is mouth alcohol in Maryland?

› What happens if I plead guilty to DUI/DWI in court in Maryland?

› Can being nervous impair a person’s driving ability?

› Can I be charged with DUI if I am on private property in Maryland?

› What are the laws in Maryland regarding boating under the influence?

› Difference Between DUI and DWI

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› Represent Medical Doctor at Disciplinary Hearing

› DUI Charge but Live in another State

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› Can you explain drugged driving in Maryland?

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About the Firm


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