Howard County DUI Breathalyzers
When involved in a DUI traffic stop in Howard County, a person does not have to submit to a breathalyzer test. In fact, it is best to refuse a Howard County DUI breathalyzer because there will be no evidence to be used against the person in court if they refuse it. Although the person may face administrative penalties on their license, if they refuse the breathalyzer test, that will be one less thing for the person to combat in court.
Overall, though, DUI charges in Howard County can be complex and difficult to navigate, which is why it is important a person contacts a Howard County DUI attorney when facing these charges. An experienced lawyer can immensely help a person in their case, whether or not the person took a breathalyzer test in Howard County. A lawyer can investigate the details of any case to build a strong defense and help a person fight for their rights and freedom.
False Positives and Inaccurate Scores
Although there is no way for a person to induce an inaccurate score on a breathalyzer test, there are some cases where the machine itself may be faulty and will result in a false positive or incorrect reading.
If the breathalyzer machine was not used correctly, not calibrated correctly, or just generally is not functioning properly, there is room for an attorney to argue that it produced a false test. An attorney can subpoena the records of that particular unit and look at the records of that particular serial number.
The attorney will then investigate if there is anything wrong with the machine and if it had false test results in previous cases. The machine can certainly fail if it has not been properly taken care of, and if it not kept in accordance with the law, then its reports cannot be considered reliable.
Challenging Erroneous Results
Challenging erroneous breathalyzer results involves citing the calibration procedures and saying that the readings themselves are unreliable because the calibration procedures were not followed, they were not checked up on a regular basis, or that the machine itself is in an expired state.
An attorney can subpoena the maintenance and calibration records for that machine, that lock, and that serial number. They can look at the history of the machine, and then can show if it was not properly tuned or maintained. The goal of the state is to show that the defendant was intoxicated based on evidence, so without the evidence of the breath test, which is the state’s best evidence, they will have to find something else.
Other Things to Know
If a person is going to submit to a breath test, they need to understand that they can have a score well below a 0.08 and still be charged with a DUI or DWI. Although refusing a Howard County DUI breathalyzer test can take the evidence of the test out of the case and force the state to prove their case in other ways, it does not, however, resolve the DUI stop.
In DUI cases, as Maryland laws are becoming stricter, a person should also know that there is always an administrative penalty and that a person’s license is a privilege. The administration says that a person can drive if they have taken their permit exams, passed the appropriate tests, and taken the other proper steps. When a person signs their license, however, they are agreeing to comply with all standard conditions of operating a motor vehicle and following the rules of the road. Additionally, the back of a Maryland license says that driving in Maryland implies consent to chemical testing by law, and the refusal to do so may result in a longer license suspension.
If a person submits to a DUI breathalyzer in Howard County, if they test under 0.08, there will be no action on their license. If a person blows a 0.08 to 0.14, they can face a 45-day suspension or with the note for good sharing in front of an administrative judge, can get a 45-day restricted license and on day 46, it goes right back to being a full license. If it is a score of a 0.15 and up, then the person will get a 90-day license suspension or an ignition interlock. Additionally, the recently passed Noah’s Law is going to enhance the penalties for a person’s license on refusals, second offenses, second convictions, and first convictions.