If a Maryland police officer suspects that you are driving while under the influence of alcohol, you may be asked to take a breathalyzer test. The results of that test may be cited as justification for taking you into custody for DUI. However, it may be possible to challenge the results of the test in an effort to obtain a favorable outcome in your case.
Were there issues with the device itself?
It’s possible that the machine was not properly calibrated before your test was administered. In such a scenario, it would be difficult to determine what your blood alcohol level was at the time of a traffic stop. The same may be true if the device was defective in any other way.
Was the officer qualified to perform such a test?
Officers who use breathalyzer devices must be taught how to use them properly. If the officer in your case lacked sufficient training to use this type of machine, it may be possible to assert that the results of the test are not reliable. It’s also important to note that it may be possible to have the results of a breathalyzer test dismissed if the person who conducted it won’t testify at your DUI trial.
Was there probable cause to perform the test?
Authorities must have probable cause to conduct the chemical test that led to your DUI charge. Without it, the results of the test are vulnerable to being thrown out by a judge at some point during the legal process. This may also lead to the entire case against you being dismissed.
If you are charged with a DUI, there is no guarantee that you’ll spend time in jail, pay a fine or lose your license. An attorney may be able to help you challenge the results of a breathalyzer test or any other evidence that is used against you in a DUI case.