When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these tests are. Misunderstandings can lead to more problems, especially when facing DUI/DWI charges.
C. Thomas Brown and Tina Harris help clients understand all aspects of their drunk driving cases. Informed clients make better decisions about their cases. If you have questions or want to speak to a DUI/DWI defense lawyer, call us at 410-398-3850.
Police officers use breath tests in roadside testing and following arrests to help determine whether an alleged drunk driver was under the influence of alcohol while operating a vehicle. These tests can be used for operators of cars, trucks, motorcycles, boats, and other vehicles.
There are two types of breath tests: the preliminary breath test (PBT) and the breathalyzer. Both "types" are often called "breath tests," which creates confusion. By referring to both as breath tests, people assume they are the same thing, but they are not. Each is administered for different reasons and purposes.
Preliminary Breath Tests-(PBT)
A preliminary breath test or alcohol screening is a breath alcohol test conducted using a portable breath machine in the field, meaning on the side of the road during a traffic stop. The PBT measures a person's breath alcohol content (BrAC). In Maryland, PBT test results are inadmissible in court because they are unreliable.
PBT's are administered when a police officer has reasonable grounds to believe you are unlawfully intoxicated. Maybe your speech was slurred, or your eyes were bloodshot, so the officer asked to take a breath sample. If you fail the PBT, that could be enough probable cause to arrest you for a drunk driving offense. A PBT result can also be used with a failed field sobriety test as sufficient probable cause to arrest you.
Breathalyzers
After an arrest for a drunk driving offense, you will be asked to take another test. Typically, this is a chemical test using a breathalyzer. The breathalyzer is not a portable machine, but it produces more accurate results and can be admitted into court as evidence against you. Approved breathalyzer machines are subject to calibration requirements established by state or federal law.
Before you provide a breath sample via a breathalyzer, the officer must read the DR-15 form. This advises you of the administrative sanctions for a test refusal or for various results. If this advice was not provided before a breathalyzer test, it may not be admissible, and sanctions may not be imposed.
Do I Have a Right to Refuse a Breath Test
You can refuse a PBT breath test or the breathalyzer after an arrest in Maryland. However, consequences stem from refusing the breathalyzer after arrest. Maryland MVA imposes the administrative penalties in the other section above.
Maryland has an implied consent law that says you implicitly agree to obey the rules of the road when you get a driver's license. You also implicitly agree to submit to a breathalyzer test for the privilege of operating a vehicle in Maryland. If you refuse, MVA can impose a 270-day license suspension (or privilege to drive in Maryland suspension for out-of-state licensees). You need not be charged and convicted of a drunk driving offense to have your license suspended -- you just need to refuse a breath test. PLEASE REVIEW THE SECTION ABOVE FOR MORE DETAILS.
If you were arrested in Cecil County, MD, speak to a drunk driving defense lawyer who handles both administrative and criminal DUI/DWI cases. Administratively, you can appeal an automatic license suspension if, for example, the police failedto warn you of the consequences. Criminally, you can fight DUI/DWI-related charges and succeed.
Common Problems with the Breath Tests
Breath tests using portable machines are known to be unreliable, which is why they are not admissible in court. Breath tests using breathalyzers at the police station, however, are admissible. However, they can also be unreliable and become inadmissible under certain situations or circumstances.
Breathalyzer problems can result from the testing device or machine, the individual operating the device, or the test sample. Breath tests can be challenging. A criminal defense lawyer can file motions to suppress or exclude the results. Sometimes, if successful, this could result in the dismissal of the charges or an acquittal.
Five Ways We Challenge DUI/DWI Breath Tests
A breath test is often a substantial part of the prosecution's case regarding DUI/DWI offenses. It is essential to ensure that the test was performed correctly and that the results are accurate. DUI/DWI defense attorneys who have been well trained and have experience in these cases can identify a problem with a breath test and take proper action to suppress it as evidence.
At the Law Offices of Tina Harris and C. Thomas Brown, we can take the following actions, depending on the specific facts and circumstances of your case:
1. Attack the reliability of the breath test. Many reasons exist why we may not rely on the results of a breath test, like a faulty machine, improper administration, or health issues with the test taker.
2. Prove the breath device was not properly calibrated. Calibration is regulated, but it usually involves a certified forensic analyst verifying the machine's accuracy.
3. Prove that the device was not properly maintained. Typically, the date and time of repairs and maintenance and the nature and extent of and who performed the maintenance and repairs must be logged.
4. Prove there was a lack of training or an operator's error. Police must be trained to conduct breath tests. An untrained or uncertified police officer may not correctly administer the test.
5. Prove records were not properly maintained. Records should be kept showing proper calibration and maintenance, and failure to keep those records updated can prove the device was not properly calibrated or maintained as the law requires.
During the discovery phase of your criminal case, we will obtain the information and evidence we need to support arguments against the breath test's admissibility.
Contact a DUI/DWI Defense Lawyer in Elkton, Cecil County, MD Today
You can have your day in court to challenge DUI/DWI charges regardless of whether you took and failed a breath test or refused one. With the right defense lawyer in Cecil County, you can succeed. Results are not guaranteed, but call us, C. Thomas Brown and Tina Harris, experienced DUI defense attorneys, at 410-398-3850. We will review your case and discuss your best legal options.