The Breathalyzer Test: Can a DUI Lawyer Challenge the Results?

The Breathalyzer Test: Can a DUI Lawyer Challenge the Results?

After a DUI arrest in Maryland, the breathalyzer test is often the prosecution’s most important piece of evidence. The results of this test, which measure your blood alcohol concentration (BAC), can be used to prove you were driving under the influence. However, contrary to popular belief, a breathalyzer test is not infallible. An experienced DUI attorney knows how to challenge the accuracy of these tests and can use potential flaws to your advantage in court.

How Breathalyzers Work and Their Inherent Flaws

A breathalyzer is designed to measure the amount of alcohol in the air you exhale, using a specific ratio to estimate the concentration of alcohol in your blood. While modern breathalyzers are more advanced than earlier models, they are still susceptible to a variety of errors, including:

• Operator Error: The police officer must follow a strict 20-minute observation period before administering the test to ensure you do not eat, drink, smoke, or regurgitate. Failure to follow this protocol can lead to inaccurate readings from residual alcohol in your mouth, not your bloodstream.
• Medical Conditions: Certain medical conditions can cause a falsely high BAC reading. Conditions such as Gastroesophageal Reflux Disease (GERD) or diabetes can produce acetone or other substances that the breathalyzer may mistake for alcohol.
• Calibration and Maintenance: Like any machine, a breathalyzer requires regular calibration and maintenance to function correctly. If your DUI attorney can prove that the device was not properly maintained or calibrated, the results can be deemed unreliable and potentially inadmissible in court.
• The “Rising Blood Alcohol” Defense: This is a sophisticated defense used by a criminal defense lawyer to argue that your BAC was below the legal limit at the time you were driving but continued to rise in the time it took for the police to administer the test. Expert testimony is often required to establish this defense.

How a DUI Attorney Can Challenge Your Breathalyzer Results in Maryland

A skilled DUI attorney won’t just accept the breathalyzer reading as fact. They will thoroughly investigate every aspect of the test to find any angle to challenge the evidence. Their strategy may include:

• Reviewing All Police Documentation: Your lawyer will request and scrutinize the police report, test results, and any video or audio recordings from the stop. They will look for inconsistencies, procedural violations, and signs that the officer did not follow proper protocols.
• Examining the Machine’s History: Your attorney has the right to request the breathalyzer machine’s maintenance and calibration records. If these records show a history of issues or a failure to adhere to the required schedule, it can be a powerful argument against the test’s reliability.
• Cross-Examining the Officer: Your criminal defense lawyer will question the officer about their training, how the test was administered, and whether they observed the mandatory 20-minute waiting period.
• Hiring an Expert Witness: In more complex cases, an attorney may bring in a forensic toxicologist to testify about the scientific limitations of the breathalyzer, your specific medical conditions, or the rising blood alcohol defense.

In Maryland, a failed breathalyzer test can lead to both criminal penalties and an automatic license suspension by the MVA. Even if you believe the test results are accurate, a DUI attorney can still negotiate with the prosecutor for a more favorable outcome, such as a lesser charge or a Probation Before Judgment (PBJ).

Do not assume that a failed breathalyzer means your case is hopeless. The breathalyzer is a piece of evidence, not an unassailable verdict. A dedicated DUI lawyer is your best chance to fight for your rights and expose any potential flaws in the prosecution’s case.