One of the most common myths regarding
driving while intoxicated (DWI) cases is that a person is will automatically be found guilty if they failed
a breathalyzer test. This is simply untrue. While the results of breathalyzer
tests and handheld roadside breath tests are indeed used as key pieces
of evidence in many drunk driving cases, they are by no-means a “smoking
gun” and can potentially be challenged in a variety of ways. While
the strategies available will vary depending on the situation, in general,
there are five different ways that you can “beat” Breathalyzer
evidence in court in Maryland.
The results were not reliable: Jurors can consider the reliability of all evidence that is presented
before them, including the results of a Breathalyzer. Certain brands of
breath testing machines, particularly handheld models used by officers
during roadside sobriety tests, have been known to produce inaccurate
readings and are not scientifically reliable.
The machine was not properly calibrated: Like most electronic devices, Breathalyzers need to be properly calibrated
before use in order to produce accurate results. Unless the prosecutors
can prove that the device was properly calibrated at the time of your
arrest, there is a chance that your breathalyzer test results may be thrown
out of court.
The officer was not properly trained: Many people have successfully challenged speeding tickets by questioning
whether the officer properly operated a radar gun. The same logic can
be applied to Breathalyzers in DWI cases. If an officer does not possess
the proper training, their testimony regarding the breath test’s
results may be judged to be unreliable.
The breath test administered illegally: A Breathalyzer test may be thrown out of court if the officer did not
have probable cause to administer a breath test in the first place. Before
an officer may request a person to submit to a breathalyzer, they must
have both a reasonable suspicion to pull the driver over and sufficient
probable cause that they were under the influence. If either of these
requirements are not met, the Breathalyzer evidence may be thrown out.
The testing officer fails to testify: Under the Sixth Amendment, you have a right to face your accuser and
question them in court. If the officer that administered your breath test
does not appear in court, your attorney may be able to allege that the
breath test results are a violation of your constitutional rights.
Ultimately, the number of strategies available to you in your case are
only limited by the skills and creativity of your
criminal defense attorney. Having been fighting to protect the rights of clients accused
of drunk driving for more than 20 years, I, Salisbury DWI Lawyer William
R. Hall, can provide the hard-hitting representation you need to protect
your rights and freedom against the prosecution’s allegations. Backed
positive client testimonials and an unshakable dedication to preserving your wellbeing, I have what
it takes to contest the evidence against you and minimize your chances
Call (410) 205-1684 today to discuss your charges in full detail.