How Should I Challenge A Breathalyzer Test?

breathalyzer testHow To Challenge a Breathalyzer Test

In the state of Maryland, you can be charged with  DUI for failing a breathalyzer test. However, a breathalyzer test can be prone to errors from both the administrator of the test, as well as from the device itself. Due to these errors, it’s possible for the breathalyzer to show a BAC level higher than what it actually is, resulting in you being charged with DUI when you were not over the legal limit. There are a number of defenses that your attorney can use against an incorrect breath test result.

The Administration of the Test

The administration of the test can be just as important as the test result itself. If the test is improperly conducted you can test over the legal limit. The results of the breathalyzer can then affect you on an administrative level as well as during your trial. Administrative is referring to the Motor Vehicle Administration (MVA) which impacts your right to drive in Maryland. Penalties imposed by the MVA can include points on your driving record as well as the suspension of your license. In Court a failed breathalyzer test can result in you being convicted of DUI which will subject you to criminal penalties. Due to the sheer number of variables that are inherit with breathalyzer testing, you should seek an experienced DUI defense attorney who has a proven track record of challenging breath test results and who will take an individualized approach to determining your defenses against a failed breath test.

Breathalyzers Don’t Account for Individuals

There are a number of variables that can affect the reading of your BAC. These variables include many different biological factors including height, weight, age and gender. The breathalyzer also doesn’t take into account any existing medical conditions such as GERD (gastroesophageal reflux disease) or diabetes, which can result in higher test results due to the ketone/ acetone content of the blood. Your lawyer should examine your medical history to determine if any of these factors could have affected the results of your breathalyzer test, which can provide a viable defense for your case.

Hire a DUI Defense Attorney

In order to present the best possible defense, especially against a breathalyzer test, it’s important to have a lawyer who is knowledgeable about Maryland state DUI laws, as well as the science and problems with breathalyzer testing. The experienced DUI defense attorneys at Alpert Schreyer understand the science and shortcomings of breathalyzer testing and can help defend you against erroneous test results. Call or go online today for a free case evaluation regarding your DUI case.

About Andrew Alpert

+Andrew is one of the leading DUI and criminal defense attorneys in both the state of Maryland and the District of Columbia. He blogs about Maryland DUI law, has numerous videos on the subject and has been asked to appear on national television to offer his legal opinion on high-profile criminal cases.