Protecting Your Rights.

Breath Tests Are More Complex Than People Think

Most people assume that if you decided to “blow” at the police station and your test resulted in anything over .08, you should just give up and plead guilty. After all, you took the breath test and failed. Right?

Wrong! All police departments in Maryland must follow very specific procedures when administering the Breathalyzer, such as:

  • Police must fully advise you of your rights regarding the taking or refusal to take the breath test under Maryland Transportation Article § 16-205.1 — commonly referred to as your “DR-15” rights.
  • The Breathalyzer must be operated by a certified technician (not your arresting officer) who must be present in court to testify against you.
  • The police must observe you for 20 minutes prior to the test to ensure that you don’t do things like burping, chewing gum or putting other items in your mouth that can invalidate or cause erroneous results. If observed, they are supposed to wait an additional 20 minutes.

You need a DUI lawyer who has the experience and training necessary to defend your rights. You need a DWI attorney who knows what the police are supposed to do, can identify what they did wrong, and has the knowledge and skill necessary to defend you in court.

Don’t Give Up Without A Fight

Make sure you have a qualified and knowledgeable attorney review your case and explain your rights. Don’t give up without a fight. Don’t hire an attorney who will simply plead you guilty and cash your check without the proper investigation. Contact Atwell Law, LLC for a consultation. Call 410-443-0403 today.