Each state has their own standards for collecting evidence in DUI or DWI cases. For instance, in Maryland, a breath test is used to determine alcohol content while a blood test is used to determine if there are drugs or other illegal substances present in a driver’s body. Other states include urine and saliva testing as alternative options. Drivers should be aware of both the type of testing allowed and the minimum standards to be considered drunk or under the influence.

Law enforcement in Maryland can request that a suspect submit to a preliminary breath test. These results are not supposed to be used against the driver in court. They are used by the police officer in determining whether to arrest the individual and subject them to further chemical tests. Only these later tests will be used as evidence. However, refusing to submit to chemical testing can be used as evidence in court.

The rules surrounding the collection of this chemical evidence is complicated. It can take a Howard Maryland DUI attorney or judge to really understand the nuances of the law. There are regulations about which officials are certified to conduct which tests and under which circumstances each test may be administered. There are even statements that must be made to the accused, such as informing them of the purpose of the test and their legal right to decline to submit to testing. Drivers are also entitled to get independent tests from qualified physicians or personnel. While the legal limit is a BAC of .05, there are many circumstances which can raise or lower that limit, making it even more complicated for the lay person to understand.