DWI Breath & Blood Tests
Salisbury DWI Attorney Helping You Understand Your Rights
If you have been arrested for a DWI, knowing your rights can help you feel a little more at ease as the case proceeds. Contacting my firm, William R. Hall, P.A., can put you in touch with a criminal defense attorney dedicated to protecting your rights in the face of a DUI charge.
Arrested for DWI? Request a free initial consultation today.
What to Expect if You've Been Pulled Over for a Suspected DWI
A breath test is administered either at the time you are pulled over, or at the station. You will be asked to blow into a device that registers your blood alcohol content levels (BAC). Blood tests measure the same information through a sample of your blood.
We can give you important information regarding your DWI arrest, including:
- Whether or not you have to submit to a breathalyzer
- Your rights regarding the results of your blood test
- Consequences for a DWI conviction
- Consequences for a breathalyzer refusal
- Requirements for requesting administrative hearings to contest your charges
- The implications of the results of your breathalyzer or blood tests for your case
Your Rights & the Breath Test in Maryland
An officer who has good reason to suspect you are driving while intoxicated can ask you to take a breath, blood, or urine test in the state of Maryland. If you are asked to take a test in Maryland, you are allowed to refuse, although you should know that there are consequences accompanying a refusal.
If you refuse the field sobriety test, the officer will likely take you to the station to conduct the official sobriety tests. If you refuse to take the tests at the station, your license will be automatically suspended for 120 days. Should this happen to be your second DWI arrest, and you refuse the tests, your license will be suspended for a year.
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.
- 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. 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.
Refused a breath or blood test? Request a personalized consultation for your specific case by calling my firm today.
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