An officer begins a DUI investigation on you. He asks you how much you have had to drink. He asks you to perform roadside sobriety tests. Then he arrests you for DUI. He is required to give you a “express consent” advisory where you must choose a dui breath test or a blood test. You have a very short time to decide.
DUI Blood Test
The officer will take you to detox or the jail where a medical professional, usually a nurse or EMT, will draw two vials of blood from your arm. Either the police crime lab or a private lab will conduct a test on the blood they receive and give the police the results.
If the result is 0.08 or above, the police will forward that result to the Department of Revenue (DMV) which will send you a suspension letter that will be effective one week later. You have a right to a suspension hearing and SHOULD REQUEST A HEARING IN WRITING WITHIN 7 days. See the Department of Revenue site for more information.
Unlike a DUI breath test, a second sample exists for independent testing. We will be sending the second vial to another lab for verification that the two vials of blood came from the same person, and that the result is similar to the vial tested by the crime lab. Some of the ways we attempt to get your case dismissed or reduced include blood draw problems, lab errors, blood storage problems, chain of evidence problems, etc.
DUI Breath Test
The officer will take you to jail or detox and have you wait for 20 minutes while he completes paperwork. This 20 minute observation period is required in a DUI breath test to ensure you did not burp, vomit, belch, drink more alcohol, etc. The officer will have you blow into a mouthpiece two times and the machine will record the lower of the two results.
Currently in Maryland, no facility exists to make an independent test of your DUI breath test. What the machine says will be the only test result in your case. Some of the ways we attempt to get your case dismissed or reduced include problems with the machine, problems with the certification process of the facility to conduct breath tests, etc. We are able to aggressively attack the ability to use the Intoxilyer-9000 results of the DUI breath test in your case.
If the result of you DUI breath test is 0.08 or above, the police officer will immediately issue you an “express consent” notice of revocation, and forward it to the Department of Revenue (DMV). This notice of suspension is effective within 7 days. You have a right to a suspension hearing and SHOULD REQUEST A HEARING IN WRITING WITHIN 7 days. See the Department of Revenue site for more information.
If you refuse any chemical testing of your blood or breath, this will be used against you at trial. The officer will be able to testify to the things he saw, smelled, and heard you say. However, the state’s case is usually weaker without a level of your blood or breath alcohol.
The police officer will issue you an “express consent” notice of revocation for the refusal. He will forward it to the Department of Revenue (DMV). This notice of suspension is effective within 7 days. You have a right to a refusal suspension hearing. You SHOULD REQUEST A HEARING IN WRITING WITHIN 7 days. If the suspension is sustained, and you have a Colorado driver’s license, you will be eligible for a restricted license with interlock after 60 days of no driving.