Rockville, Maryland DUI/DWI Breath Test Lawyers

Attorneys Addressing Breathalyzer Tests in DUI and DWI Cases in Rockville, MD

Breath tests are tools that are often used by police officers to determine whether a driver has been drinking alcohol. These tests measure the alcohol in a person's breath to estimate their blood alcohol content (BAC). While breathalyzer test results may be used as evidence in DUI/DWI cases, they are not foolproof, and they may be challenged in court. The Law Offices of Mallon Snyder provides experienced legal representation to people who are facing drunk driving charges, and we can take steps to challenge breath test evidence when possible.

Types of Breath Tests

Breath tests generally fall into two categories, depending on when and where they are conducted:

• Portable Breath Tests (PBTs): These small, handheld devices are used by police officers during traffic stops. They provide preliminary BAC readings to help officers decide whether to arrest a driver for DUI/DWI. PBT results usually cannot be used as evidence in court.
• Breathalyzer Tests: These tests are conducted at a police station after a person has been arrested for DUI/DWI. They use more advanced equipment to provide a BAC reading that can be used as evidence in court. In Maryland, a BAC of 0.08% or higher is considered to be evidence that a driver was impaired and can be charged with DUI. For commercial drivers, the limit is 0.04%. If a person had a BAC below 0.08%, but an officer believes that they were impaired while driving, they may be charged with DWI.

Maryland's Implied Consent Law

In Maryland, drivers are required to submit to a chemical test—such as a breath or blood test—if they are arrested for DUI/DWI. By obtaining a driver's license in Maryland, a person consents to testing. The implied consent law applies to breathalyzer tests that are performed after an arrest. A person is not required to take a portable breath test during a traffic stop, although refusing a PBT may result in an arrest. If a person refuses a breathalyzer test after being arrested, their driver's license will be automatically suspended. Refusal to submit to a breath test can also be used as evidence during a DUI/DWI case.

Penalties for Failing or Refusing a Breath Test

If you take a breathalyzer test that shows that you are above the legal BAC limit, your license will be automatically suspended. If the test showed that your BAC was between 0.08% and 0.14%, your license will be suspended for 180 days. If you had a BAC of at least 0.15%, your license will be suspended for 180 days for a first offense or 270 days for a second offense.

Refusing to take a breath test after being arrested will result in a longer license suspension. A first offense will result in a 270-day suspension, while a second offense will result in a two-year suspension.

Challenging Breathalyzer Test Results

Despite their widespread use, breathalyzer tests are not always accurate, and their results can be challenged in several ways:

• Improper Calibration and Maintenance: Breathalyzer devices must be maintained correctly to ensure that they are accurate. At the Law Offices of Mallon Snyder, we can review records to determine whether a device was properly maintained and calibrated.
• Operator Error: Law enforcement officers must be trained to use breathalyzer devices correctly. We can look at whether a test was performed by a qualified officer who followed the right procedures.
• Medical Conditions and Medications: Certain conditions, such as acid reflux, diabetes, or asthma, can lead to inaccurate BAC readings. Some medications or substances may also affect the accuracy of breathalyzer tests.
• Absorption Rates: The way alcohol is absorbed into the body can be different for each person. Your BAC may have been rising at the time of the test. We may be able to argue that the results did not show that you were impaired when you were driving.
• Violation of Constitutional Rights: We will look at whether a test was performed lawfully. If your rights were violated, the test results may be excluded as evidence in your case.

Legal Help With DUI/DWI Defense

Breath test results can be crucial in a DUI/DWI case. However, they can be challenged in some cases, and this may be an important part of your defense. At the Law Offices of Mallon Snyder, we can analyze the evidence, identify weaknesses in the prosecution's case, and develop a strong strategy to help you defend against a conviction.

We understand the concerns you have as you are facing drunk driving charges. We know how these charges can affect your life, including the possible loss of your driver's license, the large fines you may need to pay, and the jail sentence you may be facing. We also know how a DUI or DWI on your record may affect your job prospects or even your immigration status. We are here to help you avoid these penalties, and we will work to resolve your case so you can move forward with your life.

As you get ready for your day in court, we will work to ease your worries by making sure you will be ready to address the charges against you. We will advise you on the questions that you may be asked, and we will coach you on the answers you should give. Your lawyer will stand by your side and help you present the best possible image to the judge, including making sure you are dressed correctly and providing you with a tie to wear. With our help, you can get through this difficult experience successfully.

Contact Our Rockville DUI/DWI Defense Attorneys for Breath Tests

If you are facing DUI or DWI charges, and you need to determine how to address breath test results, the Law Offices of Mallon Snyder can help. By thoroughly reviewing your case and challenging unreliable evidence, our lawyers can build a strong defense for you. Contact us at 301-762-7500 today to schedule a free consultation. We can assist with criminal cases in most counties in Maryland, and we also represent clients in Washington, D.C. Let us help you protect your rights and your future.