Challenging Maryland DUI Breath Tests

While DUI cases may often hinge on breath tests, there are ways a person could fight their results. A well-practiced attorney could help you understand the steps required for challenging Maryland DUI breath tests. A hard-working attorney with experience in alcohol testing could explain your rights and fight for you.

Requirements for Testing Devices

The testing device must be reliable so that the results are reliable, and there are certain things that must be shown. It must be properly and recently calibrated. which is done by periodic testing. If properly calibrated, the testing device would have a reading of 0.08 specific to alcohol content, which is a legal blood limit. The machine would also test the calibration sample to prove that it gives an accurate result of 0.08 between the samples from the arrestee.

It must be in working order and must show that it has been recently tested to be functional and not just calibrated. The device must be certified by the State of Maryland to show that it has been inspected and approved at least by Maryland law enforcement. A knowledgeable Maryland attorney could explain the requirements that DUI breath test devices must meet and while helping a defendant challenge the allegations thrown their way.

How the Defense Could Challenge the Results of a Roadside Breath Test

The DUI defense attorney could challenge the results of a roadside breath test in Maryland by questioning the conditions under which that test is conducted. The machine used for a roadside breath test is an Intoximeter, and since it is a less controlled environment, it is inherently less reliable than the testing conducted at the station. While preliminary breath tests are generally not admissible at trial, their results could be used by an officer to support probable cause to arrest the person.

If the person blows over the limit, it may not be used as evidence that they were driving drunk. It should be noted that this may be used as evidence in the case that the officer had a good reason or probable cause to arrest the person. The result could be challenged in much the same way as the Intoximeter breath test results, which is by questioning whether the equipment was properly calibrated, inspected, registered, and approved by Maryland.

Very often, there is no requirement that there be an observation period and there will rarely be an observation period of the blower prior to the text being taken. Anything that the person did prior to blowing on the preliminary breath test could affect the results and the defense could introduce that evidence. This could include chewing gum, using mouthwash, eating or drinking food, having something in their mouth like orthodontic equipment, and burping. If the officer did not follow the proper procedure to ensure that the test is reliable, the defense could introduce that evidence to challenge the preliminary roadside breath test result and the officer’s probable cause to arrest the defendant.

A Skilled Attorney Could Help With Challenging Maryland DUI Breath Tests

The first few steps a person should immediately take when planning on challenging Maryland DUI breath tests is to take note of whatever they did prior to the test that could potentially influence the results. This includes food, drink, and smoking a cigarette, or anything else. All of those things could affect the test. A person should also note very carefully what the testing officer did and said, and relay that information to their attorney.

Consult with an Experienced Maryland DUI Attorney

If you were charged with a DUI, reach out to a skilled defense lawyer as soon as possible. Challenging Maryland DUI breath tests may be a viable defense strategy in your case, but making this determination requires the knowledge and experience attorney of an attorney. Call today to begin your defense case.