Let’s get this out of the way: Operating a motor vehicle while intoxicated is a bad idea no matter where you are from. That said, if you are pulled over on suspicion of driving under influence (DUI) in Maryland, you will likely be requested by law enforcement to take a chemical test to establish your system’s BAC level.
When facing a DUI charge in Maryland, it is important that you understand your legal rights and how to defend yourself. After all, a conviction for impaired driving can result in severe penalties such as a fine, license suspension and even jail time. Fortunately, there are multiple ways you can challenge the Breathalyzer test result that has been presented against you in court.
Here are the arguments you can use to challenge the Breathalyzer test result during your DUI trial.
Existence of a medical condition
Certain medical conditions such as gastroesophageal reflux disease (GERD), elevated ketone level, gastro disorder and a high percentage of red blood cells can skew your Breathalyzer test result. If you were suffering from any of these conditions at the time of arrest and subsequent BAC test administration, you may question the validity of your Breathalyzer test result.
Also, certain over-the-counter medications can give a false Breathalyzer test result. Some of these medications include:
- Oral health medications
- Asthma medications
- Certain cough syrups
An improperly calibrated device
To register an accurate reading, the Breathalyzer device must be put through regular calibration, maintenance and testing. If the device used for testing your blood alcohol level was not properly calibrated, or if there are no records of proper calibration and maintenance, you may have strong grounds for questioning the credibility of your test result.
Most people wrongly assume that if their Breathalyzer result is above the legal limit, then they are as good as guilty of the impending drunk driving charge. However, this is not always the case. With the right evidence, you can challenge the outcome of your Breathalyzer test result and avoid a conviction.