Breathalyzers in Maryland DUI Cases
Breathalyzers are considered to be very reliable in Maryland DUI cases. The intoximeters are called ECIR II. They are considered the most reliable instruments that the State of Maryland has for breath scoring. They are kept in any station or a chemist or operator operates barrack and that them. All one has to do is turn it on, put in the proper information and the machine will self-test. If you have concerns regarding the breathalyzers, contact an experienced Maryland DUI lawyer.
Misconceptions About Breathalyzers
People often get breathalyzers confused with other tests that are not admissible and cannot be used in court. The MVA hearings, in its administrative functions, can look and assess what is or is not admissible in court. If the breathalyzer test is conducted at a station or barrack, it absolutely is admissible. Many lawyers will request a history of that particular machine, when it was last standardized prior to it being used or when was it last certified. The machine self-authenticates and when it starts, if there is a problem, it will fail. This is not common, however, as there is more than one breathalyzer machine available in Maryland DUI cases.
Breathalyzers Resulting in False BAC Scores
A breathalyzer result in false BAC scores in Maryland DUI cases can happen. There has always been an argument with regards to someone who has GERD or some severe acid reflux issues where the body’s own acidity can play a role in losing a BAC score. In some cases, there is an issue called auto-brewery syndrome where a woman’s body produces and ferments an alcohol synthetic in her body. The breath score could be exacerbated by certain issues. It is situational, however, and depending on the circumstances of each case, a person could use an expert for breathalyzers in Maryland DUI cases.
While there can be substantive issues with these machines, they are few and far between. The breathalyzers are standardized and trusted tests that should be challenged, but it is important to note that they are often reliable.
Challenging Erroneous Breathalyzer Results
Arguments can be made with regard to the breathalyzer issues, which would require the use of an expert. Challenging the breathalyzer results could lead to the suppression of evidence or relying less on the breath itself, but even though the score may be dismissed, the judge might still believe the person was impaired.
For a DUI, the prosecution needs the breath score. If they do not have it or the breath score is suppressed, a judge may still find someone guilty of a DUI under the A1 or the driving while impaired. The breath score should not be relied upon that heavily by the defendant.
Calibration of Breathalyzer Machines in Maryland
The breathalyzer machines are calibrated regularly. They generally do a full calibration within two years. The machines should calibrate every time they start as well. An attorney can assess the workings of the machine, check them out for proper maintenance.
After a breathalyzer test in a Maryland DUI case, a person gets a receipt that looks like a credit card receipt that has the ECIR II at the top, the date, the serial number, the lot number, the expiration of that machine, the person’s name, the operator’s name, the arresting officer’s name, and a series of numbers, scores, and times. They will show numbers like 0.080, 0.082, 0.083, and 0.078. From this, a person knows how the machine is testing and then the person’s breath as well. It self-calibrates as it works and, at the end, it will say, “Success,” once it tests successfully. Following that, it will let a person know that there is alcohol present or not. Breathalyzers in Maryland DUI cases can be tricky without professional help. Ensure you know how they work and whether or not they are relevant to your case by contacting a qualified Maryland DUI lawyer immediately. Do not delay.