When you’re pulled over on suspicion of DUI in Maryland, you may be asked to take a chemical test to measure your blood alcohol concentration (BAC). Most drivers know about the breath test, but fewer understand how blood tests work or the differences between the two. Both play a big role in DUI cases, and both can be challenged in court.
Common Misconceptions About DUI Testing
Many drivers believe they can “beat” a test with tricks like mouthwash, breath mints, or waiting it out. These methods don’t work. Others think refusing a test avoids consequences, but Maryland law has strict penalties for refusals. It helps to set the record straight on these points:
- Refusing isn’t a free pass. A refusal can trigger a 270-day license suspension for a first offense and up to two years for repeat offenses.
- Results aren’t always perfect. Both blood and breath tests can produce flawed results due to human error, improper calibration, or contamination.
- You don’t have to face charges alone. The way the test was administered can be challenged in court.
Breath Tests in Maryland
Breath tests are the most common chemical test used at traffic stops. They measure the alcohol in deep lung air to estimate BAC.
- Convenience: Officers can conduct the test on-site using a handheld device or later at the station with a more reliable machine.
- Legal thresholds: In Maryland, a BAC of 0.08% or higher creates a presumption of impairment. Drivers under 21 face penalties at just 0.02%.
- Weaknesses: Breath tests can be affected by factors like medical conditions (acid reflux), improper machine calibration, or even residual alcohol in the mouth.
Because breath tests are quick and less invasive, they’re often the first option, but they’re not bulletproof.
Blood Tests in Maryland
Blood tests are generally less common and usually administered at a medical facility. They involve drawing a blood sample and sending it to a lab for analysis.
- Accuracy: Blood tests are considered more precise than breath tests because they measure alcohol directly in the bloodstream.
- Timing matters: Delays in drawing blood can affect results since BAC levels rise and fall over time.
- Procedural concerns: Mistakes in collection, labeling, or storage can contaminate samples. Chain of custody issues can also open the door to challenges in court.
Blood tests may also detect drugs, not just alcohol, something breath tests cannot do.
Legal Thresholds and Implications
Maryland law sets strict limits, and penalties increase depending on BAC results:
- 0.08%–0.14%: Standard DUI penalties, including fines and license suspension.
- 0.15% or higher: Triggers harsher penalties, including mandatory ignition interlock device use.
- Refusal to test: Leads to automatic license suspension, longer than if you had submitted and tested above the limit.
These numbers matter, but they’re not the end of the story. Test results alone do not guarantee a conviction.
How DUI Test Results Can Be Challenged
At Hartman Attorneys at Law, we know that chemical tests are not infallible. We look closely at every detail to protect your rights. Common challenges include:
- Whether the officer followed proper procedures during the stop.
- If the breath test machine was properly maintained and calibrated.
- Whether the blood sample was taken promptly and handled correctly.
- Chain of custody errors that could raise doubt about the sample’s integrity.
These defenses can make a difference in whether evidence is admissible in court.
What Maryland Drivers Should Do
If you’ve been arrested for DUI, remember:
- You have the right to request an administrative hearing with the Motor Vehicle Administration (MVA) to fight a license suspension.
- You should act quickly because deadlines for requesting hearings are short.
- The sooner you speak with an attorney, the more options you may have to challenge test results and protect your license.
Protecting Your Rights After a DUI Arrest
Breath and blood tests are powerful tools for prosecutors, but they’re not beyond question. Understanding the differences between the two and knowing that both can be challenged is key to protecting yourself after an arrest. At Hartman Attorneys at Law, we defend Maryland drivers every day and fight for the best possible outcome in DUI cases. If you’re facing charges, don’t wait. Contact us today to discuss your options.