How to Fight a DWI Breath Test in Maryland

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.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 18 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 by numerous 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 of conviction.

Call (410) 205-1684 today to discuss your charges in full detail.