Breath Tests Are More Complex Than People Think

A breath test can play an important role in a Maryland driving while intoxicated (DWI) or driving under the influence (DUI) case. But a test result is not necessarily the end of the story. Police must follow specific procedures when administering a Breathalyzer, and problems with those procedures can affect how the court evaluates the test results.

At Atwell Law, LLC, I defend individuals facing DUI or DWI charges in Easton and throughout Maryland. With more than 25 years of legal experience, I know what to look for when reviewing breath tests and act quickly to protect your rights and help reduce the consequences of a DUI or DWI charge.

Maryland Has Specific Procedures For Breath Tests

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.
• A certified technician, not your arresting officer, must administer the Breathalyzer and 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 any of these things occur, the police must wait an additional 20 minutes before administering the test.

These requirements can matter when evaluating the reliability of a breath-test result. That is why 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.

Common Questions About Breath Tests In Maryland

Breath tests can raise several questions after a Maryland DUI or DWI arrest. Here are answers to some of the most common questions about roadside and chemical breath tests.

Are portable breath tests used by police on the side of the road mandatory?

No. Maryland law does not require you to take a Portable Breath Test (PBT) during a roadside traffic stop. A PBT is a handheld screening device that an officer may use to help determine whether to make an arrest.

A PBT is separate from the chemical breath test that police may request after an arrest under Maryland’s implied consent law. Refusing a roadside PBT is not the same as refusing that chemical test and, by itself, does not trigger the administrative consequences associated with a chemical-test refusal.

If I blow under .08% on the breathalyzer in the Eastern Shore, will the police let me drive home?

Not necessarily. A breath test result below .08% does not automatically mean that you can leave the police station and drive home.

Maryland law treats different breath-test results in different ways:

• .08% or higher: You can face a DUI charge based on the test result alone.
• .07% to below .08%: The result can be evidence that you were driving while impaired.
• More than .05% but below .07%: Police and the court can consider the result with other evidence, but the result alone does not prove that alcohol affected your driving.
• .05% or below: The law generally presumes that you were not under the influence or impaired by alcohol.

A result below .08% does not necessarily end a DUI or DWI investigation. Police may still consider your driving, behavior and other circumstances surrounding the traffic stop when deciding how to proceed.

Where are breath tests administered if I am pulled over on Route 50 in Easton?

If police arrest you on Route 50 in Easton, the arresting agency determines where you will take a chemical breath test based on its testing procedures. Maryland State Police Easton Barrack I, at 7053 Ocean Gateway, serves Talbot County. However, not every DUI or DWI arrest on Route 50 will necessarily involve testing there.

Police generally conduct chemical breath tests in a controlled setting as part of the formal process for measuring alcohol concentration. Because the test can be used as evidence in a DUI or DWI case, police must follow specific procedures when administering it.

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.