Reader’s Question:

It shocked all of us when my sister was charged for DUI here in Gaithersburg, Maryland. Every family member and friends is doing their best to help her. What defenses she could use on her DUI case?

Boyd

Gaithersburg, MD

Several DUI defenses could be brought up in court to help your sister on her DUI case in Gaithersburg, Maryland. Her DUI lawyer could challenge the results of the breath test and blood tests. The breath test should be properly given, and if not, the police officer could be at fault, thus evidence can be suppressed. The DUI lawyer could also find out if the operator was not certified and the machine was broken. If the maintenance records were not provided per the lawyer’s request, the breath test results could also be in question. If your sister had something in her mouth at the time of the testing and the mandatory observation period was not followed, the result could be a high false reading.

The one who would conduct the blood test should be a phlebotomist who was trained properly so that proper blood draw procedures are followed. The chain of custody of the blood sample should be sufficient and the blood sample should not be tainted nor contaminated. The criminalist should also be certified. If either or none of these are followed, the evidence on the blood test could be suppressed.

Tags: DUI, DUI advice, DUI lawyer