Refusal to take the breath test at the police station will probably result in sentencing enhancements.
Are Breathalyzers Accurate?
Typically, the breathalyzer test is considered the strongest piece of evidence the state can bring to court in drunk driving cases. Yet there are numerous ways that a breathalyzer can provide an inaccurate reading. Some courts are now even suppressing breath alcohol content results provided by these machines because of inaccuracies. These machines are designed to locate certain chemical compounds. When they find similar chemical compounds, such as those that come from inhaling paint fumes, they react in the same manner.
Mouth alcohol, certain medications and unusual medical conditions can cause breathalyzers to provide inaccurate readings that can swing a case against you.
Keep in mind as well that a breathalyzer test must be administered within a certain timeframe during the arrest process. You also have the right to consult with an attorney before taking any tests. Other factors can affect your case. Did the police give you the proper instructions for how to use the breathalyzer machine? Did they have solid reasons for stopping and questioning you in the first place?
Refusing a Breathalyzer Test
When you refuse a breathalyzer test, the state does have to compile a stronger case against you because there is a lack of breath evidence. The officer’s observations of the driver, such as the odor of alcohol or bloodshot eyes, become more important in these cases. However, refusal to take a breathalyzer can be viewed as a tacit admission of intoxication.
No matter what your situation is, you should have sound legal advice after an arrest. A qualified Maryland DUI attorney can examine the circumstances of your incarceration, determine if the breathalyzer test was administered properly, and whether the results of that test were actually accurate, to help you minimize the damages this serious charge can have on your life. Contact the Maryland DUI attorneys at Alpert Schreyer, LLC today at 866-952-1500 for a consultation of your case.
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