Friday, 23 March 2018

IS A BREATHALYZER TEST ALWAYS ACCURATE?



In many cases involving charges of driving under the influence (DUI) charges, a major piece of evidence presented by the prosecutor is the result of a breath test. Breath tests are usually performed at the traffic stop using a device commonly referred to as a “breathalyzer.” If a breathalyzer measures your blood alcohol content (BAC) over the legal limit of 0.08 percent, the officer will have probable cause to arrest you. A reading over the legal limit also creates a legal presumption of impairment and satisfies that element of DUI charges for the prosecutor to convict you.

Many people believe that if the prosecutor has a breathalyzer reading over 0.08 percent, they will automatically be convicted of DUI. However, there are many instances in which a breathalyzer result is inaccurate or unreliable. A skilled defense attorney can determine if this may be true in your situation and may argue that breathalyzer results should not be suppressed in your case.

HOW A BREATHALYZER WORKS

Unlike a blood test, a breathalyzer cannot directly measure the alcohol levels in your blood. Instead, when you blow into the device, it measures the alcohol in the breath from your lungs and uses that measurement to estimate your BAC. There are many errors that can occur involving the device, the officer’s conduct, and more that can lead to unreliability.

POSSIBLE CAUSES OF INACCURACIES

There are many reasons why a breath test result may not be accurate, including the following:

  • The officer using the device was not properly trained in roadside breath testing or did not follow the necessary procedures set by the National Highway Traffic Safety Administration (NHTSA).
  • The device used was older. Older devices can read levels of acetone (common in diabetics or dieters) or environmental chemicals as ethyl alcohol, leading to a falsely high result.
  • The device was not properly calibrated.
  • The device was measuring mouth alcohol instead of deep lung alcohol, which can result in a much higher reading. Mouth alcohol can be present due to recent drinking, burping, acid reflux, using breath spray or mouthwash, or similar factors.
  • The test was conducted before the body had absorbed the alcohol, which commonly causes a false positive.
  • Abnormal kidney function or failure can also lead to a falsely high breath test result.

These are only some factors that can cause an unreliable high breathalyzer reading. Your experienced DUI defense lawyer will examine whether any of these circumstances were present in your case and can argue to have any breath test results thrown out. In such cases, if the prosecutor has no other concrete evidence of impairment, they may drop your charges completely.

CONTACT A MARYLAND DUI DEFENSE LAW FIRM FOR MORE INFORMATION TODAY

At Alpert Schreyer, LLC, our criminal defense attorneys know many ways to defend against DUI charges, including challenging chemical test results. The penalties for a Maryland DUI conviction are too steep to risk not having qualified legal representation. Please contact us online or call our office at (866) 444-6363 today to learn more about how we can assist you.

ABOUT DIANNE FREED

Contact:

Alpert Schreyer, LLC
22776 Three Notch Road, Suite 201
Lexington Park, MD 20653
Phone: 301-863-9997
Website: https://www.andrewalpert.com/lexington-park-md-dui-criminal-defense-lawyers/
Blog URL: https://www.andrewalpert.com/blog/drunk-driving/is-a-breathalyzer-test-always-accurate/

Tuesday, 29 August 2017

Lexington Park Maryland DUI Lawyers



The Law Offices of Alpert Schreyer have an established reputation as one of the top rated DUI/DWI and criminal defense law firms in the State of Maryland . Partners Andrew Alpert and Michael Schreyer, each bring specific knowledge and advanced training to every case in order to create a well-rounded defense team known for their commitment to their clients and proficiency in the courtroom.

Attorney Andrew Alpert is a founding partner and former prosecutor with more than 25 years of experience and advanced training in Maryland DUI laws which allows him to confidently and effectively defend clients facing alcohol-related traffic charges. He has achieved success for thousands of clients, including high-profile vehicular manslaughter and repeat offender DUI/DWI cases.

Over the years, Attorney Alpert, along with his experienced legal team, have helped Maryland DUI/DWI and criminal defense clients face their charges with the insight, knowledge and the aggressive defense strategies necessary to preserve their rights and well being. Success in court does not only mean an end to prosecution, it means that heavy fines and long-term imprisonment that could harm defendants and their family for years to come can be avoided.

Clients who come to Alpert Schreyer can rest assured that they will receive highly skilled representation that has been tested through years of experience and continued success. The firm has a proven track record of representing clients facing serious criminal charges including but not limited to: drug crimes, drunk driving, theft, homicide, weapons charges, and manslaughter. We know firsthand the serious toll that a criminal conviction can bring. But we also know how to fight for the best outcome for our clients and will work to make sure you are defended from penalties that could alter your entire life.

While no two cases are alike, the skilled and insightful representation of the legal team of attorneys at Alpert Schreyer will be tailored to suit the unique needs of clients and the challenges they face.

At Alpert Schreyer we handle your case in an entirely different way. Instead of searching for the easy way out, we prepare ourselves to fight for your rights. Andrew Alpert has been fighting for his clients for over 25 years and has fought thousands of cases. He has attended extensive scientific and legal training and uses that knowledge to fight for you. From the moment you speak with us, you will understand the difference that knowledge and experience make.

Practice Areas:
https://www.andrewalpert.com/maryland/dui/
https://www.andrewalpert.com/maryland/criminal-defense/
https://www.andrewalpert.com/maryland/drug-crimes/

Contact:
Alpert Schreyer, LLC
22776 Three Notch Road, Suite 201
Lexington Park, MD 20653
Phone: 301-863-9997
Website: https://www.andrewalpert.com/lexington-park-md-dui-criminal-defense-lawyers/

Social Profiles:
Facebook
Twitter
Google+ Local
Pinterest
Flickr
Blogger
Gravatar
Tumblr
Issuu
MySpace
StumbleUpon
Behance
Medium
Disqus
Imgur
Goodreads
Kickstarter
TED
AboutMe
Calameo
Evernote
Indiegogo
Livestream
Storify
LiveJournal
Angel ( Company )
Scoopit
Carbonmade
Visual.ly
Codecademy
Diigo
Wikidot
Soup
Care2
Weheartit
Klout
Pen.io
Runkeeper
Zotero
8tracks
Authorstream
Brandyourself
Hulkshare
Spruz
Ranker
List
Muck Rack
TWUBS
Beta.vizualize
Clarity
Visualcv
BCZ
Yourlisten
LookupPage
Wanelo
Steepster
Pixelhub
Itsmyurls
Alternion
Crayon
Ogoing
Betternetworker
Zintro
Startupxplore ( Personal )
Startupxplore ( Company )
Xperlink
Follr