Maine DUI trials – does the chemist have to testify?

In a Maine DUI case involving a blood test or a drug test, the State must produce the chemist who tested the blood or urine for alcohol and drugs. Recent US Supreme Court case law mandates that the State must prove this portion of the case through live testimony. Previously, the State could rely on a chemical analysis affidavit alone. However, the US Supreme Court decided that the Confrontation Clause of the US Constitution mandates live testimony.

So why is this important? Because that means there is one more step that the State must take to try and prove their case against you. One more step that they can be tripped up on. One more thing to pile up on an ever increasing workload. All of this equals additional strain and work on the DA which means a higher likelihood that a good plea offer may be more likely or that the State will have a difficult time scheduling or preparing their expert for trial.

Remember the maxim of the trial lawyer… Those who expect a trial and prepare for trial, win the trial. Those who expect a plea and prepare for a plea merely plead their clients guilty.

Posted on October 12, 2009 at 12:36 pm

No Comments

Categories: DUI Attorney, DUI Defense
Tags: , , , , ,

Entries (RSS)

The Law Office of William T. Bly
OUI - Operating Under the Influence.
This is Maine's legal definition for drunk driving. OUI includes automobiles, snowmobiles, watercraft and ATVs. OUI encompasses drug impaired driving as well as drunk driving.
DWI - Driving While Intoxicated.
This term is used in some jurisdictions to describe drunk driving, including New Hampshire.
DUI - Driving Under the Influence.
This is the most commonly used term in most jurisdictions throughout the U.S. to describe drunk driving.
OWI - Operating While Intoxicated.
This term is used by only a few jurisdictions to describe drunk driving.

For simplicity sake, DUI & OUI will be used interchangeably on this website.

This website is provided solely for informational purposes and is not intended to create an attorney-client relationship between you and The Law Office of William T. Bly. Any form of communication with us does not create or establish an attorney-client relationship. Out of state visitors should consult competent local counsel in their local jurisdictions as local laws and rules may vary from state to state.