Maryland DUI Chemical Test Evidence

Upon arrest for a DUI/DWI offense in the state of Maryland, the police will request a sample of the person's breath or blood for the purpose of determining the amount of alcohol present therein. A test or tests of 1 specimen of the person's blood may be administered for the purpose of determining the drug or controlled dangerous substance content of the person's blood. Blood and breath testing must be conducted within 2 hours following the apprehension of the alleged offender. In cases where the police suspect impairment by drugs, a blood specimen must be taken within 4 hours following the apprehension of the alleged offender. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent to chemical testing.

A breath test will be administered unless the person is unconscious or otherwise incapable of refusing to take a test, injuries to the person require removal to a medical facility, breath testing equipment is not available, or other reasons require administration of a blood test. If any of the above situations occur, a test of the person's blood will be conducted.

The Types Of Maryland Chemical Tests Availabe in DUI Investigations

PRELIMINARY BREATH TEST (PBT) - A police officer with reasonable grounds to believe that a person is or has been driving or attempting to drive a motor vehicle while under the influence of alcohol or while impaired by alcohol may, without making an arrest and prior to the issuance of a citation, request the individual to submit to a preliminary breath test. The police officer must advise the person to be tested that neither a refusal to take the test nor the taking of the test will prevent or require a subsequent chemical test. The results of the PBT will only be used as a guide for the police officer in deciding whether an arrest should be made. The results may not be used as evidence by the State in any court action (but may be used by the Defendant). The fact that a person submitting to or refused a PBT is not admissible in evidence in any court action. Any evidence pertaining to a preliminary breath test may not be used in a civil action. There is no penalty for refusing to submit to a PBT, however, a PBT may be used in an administrative license hearing.

BREATH TESTING - Breath testing must be administered by a qualified person with equipment approved by the toxicologist under the Postmortem Examiners Commission at the direction of a police officer. "Qualified medical person" means any person permitted by law to withdraw blood from humans. The officer arresting the individual may not administer the test of breath.

BLOOD TESTING - Blood samples must be obtained by a qualified medical person using equipment approved by the toxicologist under the Postmortem Examiners Commission acting at the request of a police officer. "Qualified person" means a person who has received training in the use of the equipment in a training program approved by the toxicologist under the Postmortem Examiners Commission and who is either a police officer, a police employee, an employee of the office of the Chief Medical Examiner, or a person authorized by the toxicologist under the Postmortem Examiners Commission. The testing of blood must be conducted by a qualified person using equipment approved by the toxicologist under the Postmortem Examiners Commission in a laboratory approved by the toxicologist.

RIGHT TO INDEPENDENT TEST - A person who submits to chemical testing by the police is permitted to have a physician of the person's own choosing administer tests in addition to the one administered at the direction of the police officer. If no test is offered or requested by a police officer, the person may request, and the officer must arrange for administration of one or more of the tests provided for in this section.

The presumptions from Maryland DUI alcohol test results

If at the time of testing a person has an alcohol concentration of 0.05 or less, as determined by an analysis of the person's blood or breath, it shall be presumed that the person was not under the influence of alcohol and that the person was not driving while impaired by alcohol. If at the time of testing a person has an alcohol concentration of more than 0.05 but less than 0.07, as determined by an analysis of the person's blood or breath, this fact may not give rise to any presumption that the person was or was not under the influence of alcohol or that the person was or was not driving while impaired by alcohol, but this fact may be considered with other competent evidence in determining whether the person was or was not driving while under the influence of alcohol or driving while impaired by alcohol. If at the time of testing a person has an alcohol concentration of at least 0.07 but less than 0.08, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving while impaired by alcohol. If at the time of testing a person has an alcohol concentration of 0.02 or more, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving with alcohol in the person's blood. If at the time of testing a person has an alcohol concentration of 0.02 or more, as determined by an analysis of the person's blood or breath, it shall be prima facie evidence that the person was driving in violation of an alcohol restriction under ß 16-113 of the Transportation Article. If at the time of testing a person has an alcohol concentration of 0.08 or more, as determined by an analysis of the person's blood or breath, the person shall be considered under the influence of alcohol per se.