DUI/DWI IN FREDERICK, MARYLAND
Drivers facing Frederick MD DUI (Driving Under the Influence) and/or DWI (Driving While Intoxicated) charges would be well-advised to seek legal guidance from an experienced drunk driving defense lawyer. A skilled DUI/DWI defense attorney will review all aspects of an arrest. In some cases, judges may throw out the results of breath tests, leading to dropped charges.
PRELIMINARY BREATH TEST V. OFFICIAL BREATH TEST
When you are arrested on suspicion of driving under the influence (DUI), you may be given two separate breath tests. These tests determine your blood alcohol concentration (BAC). In Maryland, if you are over the age of 21, a BAC of .07% or lower results in a driving while impaired (DWI) charge. A BAC of .08% or higher could result in a driving under the influence (DUI) charge. To determine your BAC, an officer will ask you to blow into a device that will read the amount of alcohol in your breath. This test is given to you either at the location of the arrest (voluntary) or at the station (required).
VOLUNTARY PRELIMINARY BREATH TESTS
Frederick drivers who have been pulled over for suspicion of drunk driving may be asked to take a preliminary breath test after undergoing field sobriety tests. This test is voluntary, and an officer must read you your rights. The purpose of this test is to give the officer cause to bring you to the station for a mandatory breath test.
OFFICIAL BREATH TEST
The official, or mandatory, BAC test which can be used as evidence during the trial, occurs at the station. Like the preliminary test,Maryland Law Section 16-205.1 to clearly explain to the driver his or her rights regarding the test. The outcome of this test is typically the main source of evidence used by the authorities during a trial.
DISPUTING BREATH TEST RESULTS
A skilled DUI defense lawyer may ask to review the history of the Breathalyzer and the last time of calibration. It is crucial that the test is as accurate as possible, because the penalties for having a .07% BAC or a .08% BAC are very different. If there is any concern that the test may be inaccurate, a judge may drop the charges.
FREDERICK DRUNK DRIVING DEFENSE
If you or a loved one has been accused of driving under the influence or driving while intoxicated, please contact the skilled Frederick Maryland DUI defense attorneys at Alpert Schreyer Poe. We will carefully examine the specifics of your case to see if the charges are legitimate. We also have an excellent track record when it comes to having charges and penalties lessened.