Failing the results of a breath test during a DUI stop can feel like the end of the road, but it doesn’t automatically mean you will be convicted. Breathalyzer results are not always reliable, and Maryland law provides several avenues for challenging them. From machine calibration to police errors, there are many factors that can affect whether the test result holds up in court.
Why Breath Test Accuracy Matters
Breathalyzers are designed to estimate blood alcohol concentration (BAC), but they are not perfect. Small mistakes in how the test is given or maintained can lead to readings that are higher than your actual BAC. When your future is on the line, we want to make sure those results are carefully reviewed and questioned when appropriate.
Calibration and Maintenance Issues
A breathalyzer must be properly maintained and regularly calibrated to give an accurate reading. If the device has not been serviced according to the required schedules, the results can be unreliable.
For example:
- A machine that hasn’t been recalibrated after heavy use may drift out of accuracy.
- If the state cannot produce maintenance and calibration records, we can argue the results should not be trusted.
False Positives and External Factors
Breathalyzers are sensitive instruments, and several outside influences can create false positives. Among them:
- Medical conditions such as acid reflux or diabetes can skew results.
- Mouth alcohol from breath fresheners, cough syrup, or even dental work may cause a higher BAC reading.
- Environmental exposure to certain chemicals, like paint fumes, can also register as alcohol.
By examining your individual circumstances, we can often point to factors that raise doubt about the accuracy of the test.
Procedural Errors by Law Enforcement
Even if the machine is working properly, police officers must follow strict procedures when administering a breath test. If those steps are skipped or mishandled, the evidence can be challenged. Common mistakes include:
- Failing to observe you for the required period before testing
- Not explaining instructions clearly
- Using an uncertified operator or machine
- Recording errors in paperwork
Any of these missteps can weaken the prosecution’s case against you.
Building a Defense in Maryland DUI Cases
Defending against a DUI charge after a failed breath test requires a thorough look at both the machine and the process used. We will:
- Request and analyze maintenance and calibration logs
- Investigate the circumstances that may have caused a false reading
- Review whether officers complied with Maryland testing protocols
- Challenge the reliability of the evidence when proper procedures weren’t followed
A failed breath test is only one piece of the case. By questioning its accuracy and highlighting flaws in the process, we can often improve your chances of a better outcome.
Talk to Hartman Attorneys at Law About Your Defense
At Hartman Attorneys at Law, we know how stressful a DUI arrest can be, especially when you’ve been told you failed a breath test. We’re here to protect your rights, review every detail of your case, and build the strongest defense possible. Call us today to discuss your options and learn how we can help you move forward.
FAQ: Fighting a DUI Charge After a Breath Test in Maryland
What happens if I fail a breath test in Maryland?
Failing a breath test often leads to a DUI charge, but it doesn’t guarantee a conviction. The result is just one piece of evidence, and it can be challenged.
Can medical conditions affect a breathalyzer reading?
Yes. Conditions like acid reflux, diabetes, or even recent dental work can trigger false positives by causing alcohol-like compounds to register in your breath sample.
Is it possible to challenge police procedures in a DUI case?
Absolutely. If officers don’t follow Maryland’s strict testing rules, such as observing you before the test or using certified equipment, the results may be questioned in court.