Engel Law Group,P.C.

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Can I challenge breathalyzer test results?

Even if you plan carefully and intend to obey the law, DUI charges can happen. In some cases, you may receive criminal charges after an officer believes you exceeded the legal limit.

Many individuals who receive DUI charges after failing a breathalyzer test may believe that they should just hold on tight because there is absolutely no way to fight evidence as airtight and compelling as a breathalyzer test.

While breathalyzer tests do deliver a certain degree of dependable data, they are, by no means, flawless devices, and may produce inaccurate results in a number of circumstances.

Before you write off the whole mess as a lost cause, consult with an experienced attorney who understands the fine points of defending drivers' rights in the face of DUI charges. You may find that you have more options than you realize you do.

Challenging field sobriety test results

Field sobriety tests, whether they involve chemical testing or not, are somewhat fallible. Breathalyzers, like any device that gauges some parameter and then presents results, require regular maintenance and calibration to reliability produce consistent data.

You may have legitimate grounds to question the validity of the breathalyzer results if you can identify any reason to believe that the officer who administered the test did not properly calibrate or maintain the device before initiating the stop.

Similarly, if an officer determines alleged insobriety using non-chemical field sobriety tests, like walking a line, reciting the alphabet backwards, or following lights from side to side with your eyes, you may identify numerous ways to claim that the officer did not properly perform the test, ordered you to perform the test under compromising conditions, or did not properly explain the parameters of the test.

Get the legal guidance you need

In order to challenge sobriety test results, you need a thorough and nuanced understanding of Maryland's DUI laws. Otherwise, you may only make the matter worse by pursuing a defense that does not truly take advantage of you greatest assets. These defenses require very specific tactics in order to succeed.

It is wise to speak with an attorney to better understand the nature of your experience and create a strong defense agains the charges.

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