How We Challenge Breathalyzer Results
At Hartman Attorneys at Law, we know that breath test results often form the centerpiece of the prosecution’s case. That’s why we focus on breaking them down—line by line, procedure by procedure.
We routinely:
- Request maintenance and calibration logs for the device used
- Examine the officer’s training and certification
- Investigate how long you were observed before testing
- Challenge the scientific validity of the test, given your medical background
- Call upon expert witnesses when needed to explain breath test flaws
As a former prosecutor, Attorney Christian Hartman understands how to exploit weaknesses in the state’s DUI evidence—and he uses his DUI-specific training to cross-examine officers and lab technicians with precision.
How Breathalyzer Tests Work in Maryland
Breathalyzers estimate blood alcohol concentration (BAC) by analyzing a person’s breath. In Maryland, if your BAC is 0.08% or higher, you may be charged with DUI per se, meaning the BAC reading alone is sufficient to support a conviction.
Most police departments in Annapolis and throughout Maryland utilize electrochemical (fuel cell) breathalyzer devices, which measure the amount of alcohol in exhaled breath. These devices convert the alcohol concentration into a BAC estimate. But despite their scientific appearance, these machines are not infallible.
Common Problems with Breathalyzer Test Results
Breathalyzer devices require strict maintenance, calibration, and proper usage to produce accurate results. Any number of issues can render the reading unreliable or even inadmissible in court.
Improper Calibration
Breathalyzers must be calibrated regularly to maintain accuracy. If the machine was not serviced correctly or according to schedule, the results may be flawed.
Operator Error
Officers must be properly trained and certified to administer breath tests. Mistakes in how the test was given—or failure to observe you before the test (as Maryland law requires)—can compromise the results.
Mouth Alcohol Residue
Breathalyzer tests are intended to measure deep lung air. But substances like mouthwash, recent belching, or acid reflux can increase the concentration of alcohol in the breath sample and produce a falsely high reading.
Medical Conditions and Diet
Certain conditions, such as GERD, diabetes, or ketosis from low-carb diets, can cause chemical compounds in the breath that mimic alcohol and create false positives.
Environmental Contamination
If the test area contained volatile chemicals (like paint fumes or gasoline vapors), these may be misread as alcohol, skewing the results.
Why Breathalyzer Challenges Matter
A high BAC reading may feel like the end of the road, but it’s just the beginning. We’ve helped clients across Annapolis and Anne Arundel County successfully challenge breath test results and avoid convictions, license suspensions, and jail time.
Even if the reading was over 0.08%, you have options. Don’t let a machine decide your fate—let us evaluate the real story behind the test.
Fight Back Against Bad Science. Call Today.
You deserve more than a machine-generated number—you deserve a fair defense. If a breathalyzer test led to your DUI arrest in Annapolis, let us dig deeper and fight harder.
Contact us today for a confidential consultation with an experienced Annapolis DUI attorney at Hartman Attorneys at Law. We’re ready to fight for your freedom—day or night.