We recently finished a hard fought three day DUI jury trial. The results were mixed, that is, we won certain charges, like the 21-902(a) 1 - NOT GUILTY but lost other charges. It was a hard case because the defendant had a blood alcohol level of .243 secondary to a result of a hospital blood draw following a car accident.
As an aside, hospital blood draw cases without forensic testing by Maryland's Crime Lab are an entirely different kettle of fish. The rules are different and the state has to jump through many more hoops to prove its alcohol case. If you have a hospital blood draw case, you must be sure that your attorney is well versed in these issues. I will highlight these issues in a subsequent post.
This particular case was interesting because while there was a high BAC reading on the hospital toxicology report, the hospital records were otherwise void of any other signs of intoxication. This was a case therefore that we were optimistic could be won on all charges. We brought in our own toxicology expert to help explain the evidence in the case since the State was going to produce its own expert, Dr. Barry Levine, the State Toxicologist.
The recurring problem that we see as defenders of your Constitutional rights is when the charge is DUI/DWI or otherwise alcohol related, people start turning their thinking caps off.