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.