A Miscalibrated Breathalyzer Can Result in Your Case Being Dropped (and Spare Your Professional License or Security Clearance)

DUI Conviction AttorneyA Maryland DUI conviction can result in many different consequences. Most people tend to think first about the legal consequences that can be imposed by a court—probation, community service, fines, counseling, or jail time, just to name a few. But the reality is that the consequences of a DUI can extend far beyond any sentence imposed by the court—particularly if you are a licensed professional or have security clearance.

Agencies like state bar associations and medical licensing boards have been known to revoke licenses over issues related to drugs and alcohol, and the State Department can do the same with regard to security clearance. In this way, if your job requires a professional license or security clearance, a DUI conviction has the potential to affect your very livelihood.

Obtaining a DUI Conviction Requires Evidence

In order to convict someone of a crime, the state must prove every element of the offense beyond a reasonable doubt. When it comes to DUI stops, the police have many evidence gathering techniques available to them, including simple observation and field sobriety testing. Many officers, however, tend to rely heavily on Breathalyzer evidence, as it purportedly provides an objective measure of how intoxicated a person is. The device operates by taking a sample of a person’s breath and using that sample to extrapolate their blood alcohol content, or BAC.

Evidence Must Be Reliable

If you have been arrested for DUI after taking a Breathalyzer test, it is easy to feel like the best course of action is to admit guilt and hope for a favorable plea bargain agreement—but this is not always true. In order to be accurate, Breathalyzer devices must be calibrated on a regular basis. If an attorney can show that there is doubt as to whether the device used in your case was properly calibrated, it can significantly weaken the prosecution’s case against you. In fact, in some cases, strong enough evidence that the breathalyzer was not calibrated correctly (or at all) may even result in the state dropping its case entirely. If your case is dropped, it can help you avoid the significant professional consequences you may be facing.

There May Be Other Defenses Available

Even if the Breathalyzer was properly calibrated, an experienced DUI attorney may raise other defenses to beat a DUI charge. These include:

  • Challenging the legality of the initial stop
  • Introducing evidence that the police officer who administered the test was not qualified to do so
  • Showing that you have a medical condition that could result in higher-than-accurate breathalyzer results

Failing to determine whether these or other defenses apply can result in a completely unnecessary conviction. For this reason, everyone who is arrested for DUI should have their case thoroughly reviewed by an experienced DUI defense attorney in Maryland.

Call Alpert Schreyer Today to Schedule a Free Case Evaluation with a Maryland DUI Defense Lawyer

When you’ve been arrested for drunk driving, it can be easy to feel like the deck is stacked against you. Fortunately, in many cases, an attorney can help avoid a conviction or at least mitigate the consequences you are facing. At Alpert Schreyer, we will review the facts of your case at no cost to you and let you know whether we believe you have any defenses available. To schedule your free case evaluation with a DUI defense lawyer in Maryland, call us today at (866) 444-6363 or contact us online.

About Dianne Freed