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Maryland DUI Breath Testing

Mohammadi & Humayun, LLC Jan. 3, 2024

Police officer with breath analyzer Facing a DUI charge is undoubtedly stressful. The uncertainty that comes with potential legal consequences can feel overwhelming. We understand the strain this puts on you and your loved ones, and we want you to know that you're not alone. 

At Mohammadi & Humayun, LLC, we've been serving the Rockville, Maryland community for over a decade. Our firm, situated in the heart of Montgomery County and extending our services to Howard County, Prince George's County, and Fredrick County, is dedicated to providing personalized and effective legal representation. With our extensive experience, we've helped numerous individuals navigate the complexities of Maryland DUI breath testing laws. 

Understanding Maryland DUI Laws

Maryland has stringent DUI laws. Here are some key points you should know: 

  • Operating a motor vehicle while intoxicated is prohibited. 

  • There are several types of intoxicated driving offenses, each carrying different penalties. 

  • Prosecutors must prove that the driver was driving or attempting to drive a vehicle while intoxicated or with a BAC of at least .08% to convict a driver of DUI. 

  • "Attempting to drive" is defined as having "actual physical control" of the motor vehicle, which doesn't require movement of the vehicle. 

  • A driver is considered to be under the influence of drugs or alcohol when their ability to operate a vehicle is substantially impaired. 

  • Penalties for a DUI conviction depend on the number of prior convictions and certain aggravating factors. 

  • License-related penalties like suspension or revocation can result from a DUI conviction or arrest. 

Breath Testing and DUI Offenses

Breath testing is a common method used by law enforcement officers during a DUI stop to determine your BAC. If you're suspected of driving under the influence in Maryland, you might be asked to take a breath test using a breathalyzer device. Here are some important aspects to consider: 

  • Refusing to take a chemical test can lead to certain penalties, including license suspension. 

  • All DUI and DWI convictions are reported to the Motor Vehicle Administration (MVA) and will result in the assessment of demerit points to the driver's license. 

  • Maryland's "Accelerated Rehabilitative Disposition" (ARD) and "Probation Before Judgement" (PBJ) programs are pretrial programs available for DUI and DWI cases. 

  • The Maryland Ignition Interlock Program allows suspended or revoked drivers to apply for a restricted license by installing and maintaining an ignition interlock device (IID) on their vehicles. 

  • Drivers with two DUI/DWI convictions within the last five years will receive a three-year license restriction that prohibits vehicle operation with any amount of consumed alcohol. 

  • All drivers under the age of 21 are prohibited from driving with any amount of alcohol in their system, and a violation will result in criminal penalties and license restrictions. 

In conclusion, at Mohammadi & Humayun, LLC, we're well-versed in all aspects of Maryland DUI breath testing laws.  

Implied Consent Law in Maryland

Maryland has an implied consent law. By operating a motor vehicle in the state, you're deemed to have given your consent to submit to a breath test if you're lawfully arrested for a DUI. Refusing to take a breath test can lead to immediate consequences, such as the suspension of your driver's license. It's paramount you consult with an experienced DUI attorney to understand the potential repercussions of refusing a breath test. 

Consequences of Failing a Breath Test

If you're found to have a BAC above the legal limit, you could face severe penalties. Here are some potential consequences: 

  • DWI suspension: Your driving privileges may be suspended for a period of time. 

  • DUI revocation: In more serious cases, your license may be revoked entirely. 

  • Demerit points: Points may be added to your driving record, which could lead to increased insurance rates and other penalties. 

  • Restricted license under the Maryland Ignition Interlock Program: You may be required to install an ignition interlock device in your vehicle, allowing you to continue driving under certain restrictions. 

Remember, breathalyzer devices are not infallible, and there can be inaccuracies in the results due to various factors.  

Challenging Breath Test Results

If you're found to have a BAC above the legal limit, you could face severe penalties. However, it's important to remember that breathalyzer devices are not infallible. There can be inaccuracies in the results due to various factors. Here are some potential avenues for challenging breath test results: 

  • Calibration records: We can examine the calibration records of the breathalyzer device used in your case. These devices need regular calibration to ensure accuracy. If the device wasn't properly calibrated, the results might be inaccurate. 

  • Maintenance logs: We can scrutinize the maintenance logs of the breathalyzer device. Regular maintenance is necessary for these devices to function correctly. Neglected maintenance could lead to faulty results. 

  • Testing procedures: We can question the procedures followed during the testing process. If the law enforcement officer did not follow the correct procedures, we might be able to challenge the admissibility of the results in court. 

  • Medical conditions: Certain medical conditions can affect breathalyzer results. If you have a condition that could have skewed the results, we can use this information in your defense. 

If you are facing a DUI charge, it is vital to speak with a reliable attorney to craft a solid defense.  

Strategic Legal Representation

At Mohammadi & Humayun, LLC, we're well-versed in the complexities of Maryland DUI breath testing laws. We understand the potential consequences you may face if charged with a DUI offense. Our experienced team of attorneys is committed to providing personalized and effective legal representation to protect your rights and achieve the best possible outcome for your case.

Reach out to us today for a free consultation. Let us guide you through the legal process with compassion and knowledge.