Alcohol testing, evidence, DUI, blood alcohol content.

Maryland officials appeal a court order that provides a new trial to Craig Moon, a man convicted of two DUI-related manslaughter charges. The prosecution's case against Moon featured the results of a blood alcohol test performed on a sample obtained without his authorization. A police officer ordered medical personnel to collect the sample, and Moon was conscious when the sample was drawn. The test results indicated Moon's BAC far exceeded the legal limit. Moon contested his conviction, arguing the test results should not have been admitted as evidence.

The Maryland Court of Special Appeals reversed the circuit court's ruling and ordered a new trial for Moon. The court cited a violation of a state statute concerning evidence collection.

Moon loses. The Maryland Court of Appeals reversed the decision of the lower court and remanded the case for additional action.