Rockville Breathalyzer Drunk Driving Attorney: Breathalyzer Test

When most people think about DUIs, the first thing they picture is a roadside breathalyzer test. There is a great deal of myth and misinformation surrounding breathalyzers. Most people get their information from television and movies, and they aren’t always aware of their rights. When they get pulled over, they inadvertently compromise their legal rights, leading to an arrest that might otherwise have been avoidable.

At the Law Office of Leon Geller, we are passionate about protecting people’s rights. The police have the authority to protect the roads and the people who drive, bike, and walk on them. This is an important and often dangerous job, and police officers deserve respect for the hard work they do. On the other hand, this authority is not a blank check to violate citizens’ rights. Just because a police officer says he or she smelled alcohol in your vehicle or witnessed you driving a little erratically does not mean you’re guilty of a DUI or DWI.

If you are facing a drunk driving conviction, we can help, but it’s important to act quickly in your defense. Call Rockville Drunk Driving Lawyer as soon as possible, so we can get started on your case.

Can I Refuse a Breathalyzer Test?

Maryland law does not force any driver to submit to a breathalyzer. However, if you refuse a test, you may face an automatic suspension of your driver’s license.

There are several kinds of breath tests used by Maryland law enforcement. The test most people recognize is the roadside breathalyzer test, which is more commonly known as the preliminary breath test. In most cases, you can refuse this test without jeopardizing your license.

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However, if the police ask you to take chemical breath test at the police department, failure to consent will likely cost you your driver’s license for 120 days. The penalties are ratcheted up for second and subsequent offenses. If you refuse to blow on a second or higher offense, this automatic suspension increases to one year. Also, individuals with a commercial driver’s license face enhanced penalties.

Breath Tests Are Not Always Accurate

Breathalyzers and chemical breath tests are not infallible. Many factors can interfere with a roadside breath test or even a chemical breath test back at the police station. Roadside tests can be thrown off by certain health conditions and exposure to specific chemicals. Chemical breath tests are often inaccurate due to mistakes in calibrating the machine or an officer’s failure to properly interpret the result.

If you have been arrested for DUI or DWI in Maryland, your case is not a lost cause. Don’t assume a conviction is a given thing. There are numerous ways to defend these cases.

Exceptional Maryland Breathalyzer Drunk Driving Attorney

If you have been charged with DUI or DWI based on a breathalyzer test, give us a call to discuss your case. We are available 24/7 to answer your questions and address your concerns. Call the Law Office of Leon Geller at 301-309-8001 to learn more about our personalized approach to Maryland DUI and DWI defense.