Maryland DUI Attorney Blog

Breathalyzer machines, commonly used by Maryland police, detect and measure the alcohol present in air that is breathed out. During the consuption of alcohol, the alcohol crosses from the intestine into the bloodstream. When the blood circulating around the body gets to the lungs, some of the alcohol in the blood crosses into the air contained in the tiny sacs of the lungs. This same air, that is breathed out of the lung, contains alcohol that can be measured by breathalyzer machines.

Researchers have determined the ratio of breath alcohol to blood alcohol. The test result for a breathalyzer estimates the concentration of alcohol in the blood. Although different individuals have some variation, blood alcohol concentration (BAC) is approximately 2,300 times greater than breath alcohol concentration. Breath-alcohol analysis is fast and easy to use, unlike the more reliable blood test. This makes the Breathalyzer breath-test machine a useful tool of choice for Maryland police to monitor drunk drivers.

If a person's BAC measures 0.10, it means that there are 0.10 grams of alcohol per 100 milliliters of blood. According to the American Medical Association, a person can become impaired when the BAC hits 0.05. The legal standard for drunkenness in Maryland is 0.08.

Skilled and experienced defense attorneys are familar with the use of these machines and the nuances which can cause an innacurate breathalyzer reading. Often the machine is broken, not properly calibrated, or the associated paperwork is not properly completed by the officer.

For more information on drunk driving defenses in maryland, please contact the experienced lawyers at our firm or call 410-385-2225.

Maryland DUI/DWI Lawyer/Attorney Can a person initially refuse to consent to a breathalyzer and then, upon further reflection, withdraw that refusal? And does that withdrawal of the refusal then constitute valid consent? The answer is a qualified yes. According to 16-205.1 of the Maryland Traffic code a person may withdraw an initial refusal to submit to a breathalyzer and then later consent to take a test of breath if the subsequent consent is unequivocal and it does not substantially interfere with the timely and efficacious administration of the the test.

I had a case in Baltimore County that presented this exact situation several months ago. My client was pulled over on I695 for speeding. He admitted to the officer that he had had 3 beers completing the last beer approximately 90 minutes prior to being stopped. He was asked to perform field sobriety tests and consented to do so. He believed that he had performed the tests virtually flawlessly but the State Trooper arrested him anyway. He was taken back to the State Police Barrack where he was read his rights and had the potential consequences of refusing to take the breath test or blowing over .08 explained to him. He initially said refused to consent to the breath test but then requested to use the telephone to contact his attorney.

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Just about the first question people routinely ask me when they find out that I am an Aggressive DUI/DWI Attorney is should they or shouldn't they take the Breathalyzer if they are stopped by a police officer after they have been drinking. The answer to the question is somewhat more complicated than it used to be given recent changes in Maryland DUI/DWI law.

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I recently defended a DUI case in the District Court in Baltimore, Maryland. My client had an acceptable performance on the field sobriety tests, but when he took the breathalyzer he "blew" a .23. The legal limit in Baltimore and Maryland for drunk driving (DUI) is .08. This was almost three times the legal limit. The case was dismissed, however, when it was pointed out that the Baltimore City Police breath technician did not give the defendant the breath test within two (2) hours from the time of the stop.

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Under Maryland law, a breath reading .08 or above is per se guilt of driving while under the influence of alcohol. You will need to consult a skilled Maryland DUI lawyer immediately to protect your rights. A Maryland DUI attorney will help you prevent the MVA from suspending your license and help you in Maryland District court to avoid points, jail and other punitive measures.

Continue reading "Maryland DUI Breath Test Threshold .08" »