Attacking the Breathalyzer Test as a DUI Defense
If you are convicted of a DUI charge in Maryland, you can face serious consequences. Even a first-time DUI conviction can come with jail time and a fine, and subsequent charges can result in required ignition interlock device installation or loss of driving privileges.
Even if you failed a breathalyzer test, defending against a DUI charge is possible. It’s also important to protecting your rights, interests, and freedom now and in the future.
Do You Have to Consent to a Breathalyzer Test?
Maryland has an implied consent law. This means that if you make the decision to drive on the roads in the state, you are implying that you consent to blood or breath tests if you are asked by a law enforcement officer to do so.
Refusing to take a breathalyzer test if you are asked to do so in the context of a legal stop where law enforcement officers have a reason to believe you might be driving while intoxicated can result in consequences. They can include license suspension for up to 2 years, depending on the factors of the case.
5 Potential Defenses That Challenge Breathalyzer Results
If you do take a breathalyzer test during a legal stop and are arrested for DUI based on the results of the test, it’s important to seek legal assistance from a DUI attorney as soon as possible. Your lawyer can help you understand your defense options and begin the process of gathering evidence and building a case for your defense proactively. Your defense might include some of the options below.
1. Delving Into Whether the Device Was Property Maintained
Your attorney can request records related to the care of the breathalyzer device. If they can show that there may be a reasonable doubt as to whether the device was properly calibrated or maintained, they may be able to get the breathalyzer results thrown out or cast increased doubt on their veracity.
Your attorney may also compare the way the device was maintained, stored, and handled with the relevant law enforcement agency’s policies and procedures. If your lawyer can demonstrate that policies weren’t followed, it may help your defense.
2. Claim a Medical Condition That Might Impact Results
Some medical conditions, including diabetes or gastroesophageal reflux disease (GERD), might impact the results of a breathalyzer test, leading to a false positive. If you have health conditions that could impact the test, your attorney may gather medical records to help make this case. They might also call in expert witnesses who can testify about how your condition could have skewed results on the breathalyzer test.
3. Challenge the Way the Test Was Administered
Just as law enforcement agencies must follow specific procedures in calibrating and maintaining breathalyzer devices, they must also conduct field tests in a specific manner. Your attorney may review video of the stop and arrest and talk to you and other witnesses about how the entire event happened. If they can show that the stop was not legal or that there was a mistake in how the test was administered, your case may be dismissed based on those technicalities.
4. Review Evidence Processing and Chain of Custody
Even more procedures must be followed once evidence is gathered related to an arrest, and that includes test results. Your attorney may review the chain of custody of any evidence related to your case to determine if they can argue that items and information were not handled properly.
5. Demonstrate That Another Substance Caused a False Positive
Another potential defense can involve looking at other substances that might have caused you to fail a breathalyzer test. Mouthwash and breath sprays often include alcohol, and the trace amounts in your mouth could cause a false positive if you are tested shortly after using these products.
Certain fruit beverages, foods with a high yeast content, and vanilla extract might also impact results, and certain types of diets can cause you to enter ketosis, which leads to acetone production. Acetone can cause a false positive on a breathalyzer.
Other Potential Defenses Against DUI Charges
Not all potential defenses against DUI charges relate to the breathalyzer test. Some other defenses include:
Proving that you were not actually driving at the time. For example, if you realize that you might be over the limit based on a drink you had at dinner and you pull over into a parking lot to wait out the impact, an officer can’t charge you an hour later if they find you sitting in your car there.
Demonstrating that the stop was not legal and that officers did not have a compelling reason to think you were intoxicated. This can be especially effective if you can create a narrative that seems to show officers acting in a biased manner in targeting you.
Showing there was no way you could have been drinking. You might be on your way home from work, for example. If you work in a building with video cameras, you might be able to show that you didn’t drink anything before you started driving.
Don’t face DUI charges alone. If you have been charged with a DUI in Baltimore, call the team at Scheuerman Law, LLC, at 443-888-2062. We offer free consultations to hear your story so we can provide you with options for your defense.
