Maine’s Premier DUI
& Criminal Defense Law Firm

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.

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What distinguishes our Firm from the numerous law firms throughout the state is that we genuinely care about the well-being of our clients. The staff and attorneys of WTB LAW ensure that every client receives hands-on and personalized attention throughout the life of their case.