Can You Challenge Breathalyzer Tests in Maryland?

In today’s world, everyone is aware of the dangers of drunk driving. Understandably, law enforcement is cracking down on drunk driving, and officers everywhere are using various tools to detect drunk drivers, including the Breathalyzer. However, the results of the Breathalyzer device and the weight it holds as a determining factor can be challenged in some cases. An individual facing the penalties of a DUI incident has the opportunity to challenge the efficacy of this device. In Maryland, the Law Office of Hillel Traub can help you in putting your best foot forward and rightfully challenge a Breathalyzer test.

Why Are Breathalyzer Devices Used?

Driving under the influence (DUI) is illegal, and there are penalties. Breathalyzers work by measuring a person’s blood alcohol concentration (BAC). The device measures the amount of alcohol exhaled into the tube and uses it to calculate the person’s current BAC. Most Breathalyzers can detect alcohol levels as low as 0.02%.

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There is a legal limit on how much alcohol can be in your system while driving, and there are penalties when one’s BAC level reaches 0.08% or more. Also, when an individual has multiple counts of DUI, the penalties are increased, and on top of jail time, the individual can lose their license. Although the Breathalyzer has been used for many years for DUI cases, you can challenge its use and efficiency in being a prominent factor of a court decision because different factors can tamper with its accuracy.

Is It Legal for Law Enforcement to Use a Breathalyzer on Me?

A person can refuse to take a Breathalyzer test, but this results in inevitable consequences. In Maryland, a refusal will result in the person’s license suspension for 270 Days for a irst offense. [It should be mentioned that in addition to its use in court, there are administrative consequences not only to refusing the test, but to failing it as well.]

Under Maryland’s implied consent law, any individual that attempts to drive “…is deemed to have consented to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction…”

This states that the implied consent rule is in effect for drivers to submit to a Breathalyzer test in a DUI stop. It is also in effect if law enforcement has probable cause to believe that a driver committed an alcohol-related motor vehicle violation, such as an alcohol-related reckless driving or DUI.

How Breathalyzer Results Affect The Penalties of a DUI

When it comes to a DUI case, the Breathalyzer test results are often a determining factor in whether or not someone is convicted. If you refuse to take a Breathalyzer test, your license may be suspended, but if you agree to take the test and your BAC level is over the legal limit, you could face jail time and other penalties.

Even more so, when an individual has multiple counts of DUI, the penalties are increased, and on top of jail time, the convicted person can lose their license. Although the Breathalyzer has been used for many years, you can challenge its use and efficiency in being a prominent factor of a court decision.

How You Can Challenge the Breathalyzer

According to the Maryland Impaired Driving Laws, a BAC of 0.08% or higher is considered impaired driving. Under certain circumstances, an individual can challenge the outcome of their Breathalyzer test. Several factors can be used to challenge the result of a Breathalyzer test:

Proper maintenance and calibration
Operator error
The length of time between when you stopped driving and took the test
Your health problems or disabilities that may have affected your ability to breathe

When facing DUI charges, it is crucial to be represented in court with an experienced attorney. Having an experienced and successful attorney on your side will help you journey through your DUI case confidently with all the facts and information you need.

Seek Professional Legal Representation for DUI Cases Using a Breathalyzer in Maryland

The Breathalyzer is a commonly used factor in court when it comes to DUI cases. If you’re facing a DUI charge and need legal assistance, our DUI attorney Hillel Traub can help you understand the law and present yourself well in court. With years of experience and positive reviews in criminal law cases, our team is readily available to help. Contact us using our online form or call (410) 580-1100 to schedule your free consultation.