When the police pull a driver over on suspicion of drunk driving, there are several things that may happen so the officer can determine if the driver is likely impaired. The officer will usually speak to the driver, looking for signs of impairment, such as slurred speech, glassy eyes and confusion. They may also ask the driver to take a field sobriety test or chemical test.
There are a few things that drivers should know about the chemical testing process. These points can impact the defense strategy options that the defendant can use if they’re arrested for drunk driving.
Not all chemical tests are admissible in court
Often, police officers will ask a driver under suspicion of drunk driving to take a breath test on the side of the road. These portable tests are preliminary alcohol screening devices. These devices are not perfect. They may not be calibrated precisely and human error in the administration process can skew results. These tests aren’t considered reliable enough to be used as evidence in a drunk driving case.
In order to obtain a blood alcohol concentration calculation that’s admissible in court, the driver must take a stationary breath test, which is typically found at a jail or police station. In some cases, police officers may request blood tests or urinalyses, which are also typically admissible in court.
How testing impacts DUI defenses
There are many defense strategies that you can employ if you’re facing a drunk driving charge in Maryland. Some of them can center on the chemical tests that police conducted during the traffic stop and arrest. Defense attorneys may contest police procedure, device maintenance or other testing aspects to cast doubt on or discredit the test results.
By recognizing the complexities of chemical testing, individuals facing drunk driving charges can explore various defense strategies to potentially throw out test results and achieve a more favorable outcome.