Law Offices of Thomas C. Mooney - Criminal Defense
Call Today for a FREE Consultation 301-579-3429

Can you challenge the results of a Breathalyzer test?

The social scene and beach life really pick up in Maryland during summer months. People travel from all over the country to visit the many beautiful vacation spots this state has to offer. Those who live here year-round like to enjoy some rest and relaxation as well, whether meeting friends at local restaurants for a few drinks and a bushel of crabs or checking in at their favorite hotels along the shore for a week or more. Most summer adventures occur without major problems, but not all.

Studies show that during holiday seasons and other big-travel months, the number of DUI arrests in vacation areas tends to increase. A minor traffic stop on your way home from a night on the town with friends can quickly turn into a serious situation if the officer at hand thinks you're drunk. Even if you only imbibed a single glass of wine or a beer, your problems could get a lot worse before the situation gets better, especially where chemical tests are concerned.

Breathalyzer issues may exacerbate your situation

It's logical to assume that you'd pass a Breathalyzer test with flying colors if you know ahead of time you only had a few sips of alcohol before driving. Unfortunately, many people have faced situations where chemical test results show blood alcohol content levels about the legal driving limit even when they only had a drink or two. Following are possible reasons why this might happen:

  • The person who administered the test may not have proper certification to do so.
  • Even if the test proctor was certified, he or she may not have administered the test according to strict training and protocol.
  • A test subject may have ingested something that contained alcohol as an ingredient before taking the test, such as cough syrup, mouthwash or other products.
  • If the person taking a Breathalyzer test ate, burped or smoked a cigarette before the test began, the results may be skewed.

Authorities must properly calibrate Breathalyzer tests for results to be reliable. If you believe the results of your test were faulty, you can take steps to rectify the situation in court. Most people facing similar situations in Maryland would want to act alongside experienced representation when challenging breath test results or fighting against DUI charges.

The moment a police officer detains you, you can request a meeting with a criminal defense attorney. An attorney's presence often diffuses a stressful situation and expedites the process of determining the most viable option available to hopefully avoid conviction.

No Comments

Leave a comment
Comment Information

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Maryland Association For Justice The National Trial Lawyers | Top 100 Trial Lawyers National Association of Distinguished Counsel | Nation's Top One Percent Top Lawyers This is to certify that Thomas C. Mooney has been chosen as a top lawyer in Washingtonian Magazine in 2015
Super Lawyers

Contact Us

14750 Main Street, Suite C
Upper Marlboro, MD 20772

Phone: 301-579-3429
Fax: 240-363-0051
Upper Marlboro Law Office Map