A breath test can become a major part of a driving under the influence (DUI) case. If police do not test you until some time after the stop, you may wonder whether they waited too long to use the result in court.
Maryland limits how long police have to collect a breath sample for alcohol testing. If they test you after that time runs out, the State cannot use the result in a DUI prosecution.
What is the time limit for the test?
Under Maryland law, police must collect a breath or blood sample for an alcohol concentration test within two hours after they apprehend you. The rule focuses on when police take the sample.
Apprehension does not always begin when police first stop you or formally arrest you. Maryland’s highest court has explained that the clock starts when police have reasonable grounds to believe impaired driving and act on that suspicion by stopping or detaining you.
This rule becomes important when police first detain you for another reason. That earlier detention does not always start the two-hour clock.
Why the timeline matters
The police report may show when officers first stopped you and when they began to suspect alcohol impairment. Your breath-test record should show when police collected the sample.
These records help trace what happened between the stop and the test. For example, officers may stop you after a crash before they suspect DUI. If they notice signs of alcohol use later, that later point may start the two-hour period.
The exact times in the records may therefore affect whether police completed the test within the period Maryland law allows.
Review the sequence
You may want to compare the times in the police report with the time listed on your breath-test record. Consider keeping copies of both so you can follow the order of events. That record of the stop and test may help you understand the evidence as you prepare for your case.