Refusing a Breathalyzer Test

Maryland Criminal Defense Attorneys

Maryland | Washington, D.C. | Virginia

Getting stopped by the police can be an overwhelming and frightening situation. Usually, people feel an urge to comply with law enforcement. However, in the case of being pulled over for drunk driving, this is not always in the driver's best interest. It is important you know your rights when confronted with this situation.

At the Law Offices of Frederick J. Brynn, P.C., we are here to advise you what your rights are if you are pulled over for driving while intoxicated or under the influence in the states of Washington, D.C., Maryland, and Virginia. Contact us today so we can help you understand your rights.

Implied Consent Rule in Washington, D.C., Maryland and Virginia

When you are issued a driver's license in Washington, D.C., Maryland, and Virginia, you automatically accept to consent to a blood alcohol test if you are stopped by a police officer who suspects you of driving drunk. This is because Washington, D.C. operates under a concept known as the 'implied consent' rule. If you refuse a breathalyzer test, you may have your driver's license suspended for up to one year.

Challenging the Science of Breathalyzer Tests

Unlike field sobriety testing, which you are under no obligation to perform if asked, you must submit to a breathalyzer. However, the results can be challenged since the science behind breathalyzer tests has been shown to be inaccurate including the Intoxilyzer 5000 and 8000 models. Also, you can ask that an independent third party administer the breath test.

Our lawyers have experience with challenging the results of breathalyzer tests and constructing an effective defense. We understand that behind every charge is a personal story that might explain the circumstances. We strongly believe that an aggressive approach also means putting a human face on what might be seen only as cold criminal charges.

For instance, under certain conditions, apparent intoxicated behavior can often be explained by fatigue, personality issues, weather or traffic conditions, and health problems. Also, sometimes behavior that appears to be intoxicated is the result of prescription drugs. There are a multitude of reasons that can explain erratic behavior and our attorneys will always be thorough investigating all possibilities.

Another important consideration is that the police are not experts at identifying drunk drivers. Sometimes, when the breath test results are low, and when the arresting officer still suspects foul play, the officer might then call in a drug recognition expert ("DRE") to try to establish that the driver was driving under the influence of drugs. Unless the arresting officer has found drugs in or around the driver, has smelled drugs, or has an admission that the driver has been using drugs, the prosecutor must rely on blood test results and/or circumstantial evidence.

Our attorneys will use defenses to the blood test results that include that drugs can stay in the bloodstream long after they have any effect on driving. More importantly, most of the defenses against the breath test results can be adapted to defending against the blood test results and breathalyzer results. An aggressive and detailed approach is the best method to achieving success to these types of cases.

The Law Offices of Frederick J. Brynn, P.C., focuses on this type of detailed, aggressive approach for every single client in our practice. We believe that fighting the results of a breathalyzer test is a powerful tool in your defense to getting your DUI case reduced or dismissed. Contact us today and let us fight for you.

Los abogados no hablan espanol pero tenemos una interprete hispana en la officinal