The Law Office of Matthew E. Bennett
A Maryland Law Firm Based in Silver Spring And Serving Surrounding Communities
301-960-5347

I took a Breathalyzer and failed, can I challenge the results?

You were out and about, driving down a road you travel on a daily basis. On your way home, red and blue lights started flashing behind you. You pulled over like you should, interacted with the Maryland police officer and, at his or her request, agreed to take a Breathalyzer test. You must comply, right? Well, complying resulted in a failed test and your arrest. 

There is a lot of concern about Breathalyzer tests. Law enforcement authorities do believe them to be extremely accurate. The truth is, any number of things can result in a false reading and an arrest that should never have happened. If you fail a breath test, this does not mean a conviction on a DUI charge. It may be possible to challenge the results in court. 

5 ways you may be able to get test results dismissed

Depending on the details of your case, there are various ways in which you may challenge the Breathalyzer results. Five of them are:

  • Provide evidence that the test is not reliable
  • Suggest that the Breathalyzer was not within proper calibration before testing
  • Question the officer's training with the Breathalyzer machine
  • Claim the officer lacked probable cause to stop you and administer the breath test
  • Claim constitutional violation if the administering officer fails to testify

There are others, but these are the most commonly used and are known to work under the right circumstances. 

Not the end of the road

A failed Breathalyzer test is not the end of the road for you. It does not guarantee conviction. Legal counsel can review every aspect of your case and question any evidence offered against you. Doing this could bring information to light that may be beneficial to your case. 

Fighting a DUI charge can be a challenge. The state does not take such criminal offenses lightly and is not likely to treat you with any level of leniency. However, not all DUI charges result in conviction and jail time. Alternative sentencing, such as a diversion program, may be available if achieving a case dismissal is not possible. There are options.

Before just accepting whatever punishment the state is ready to pass out in your case due to a failed Breathalyzer test, do what you can to fight for yourself, your freedom and your rights. An experienced criminal defense attorney can help you do just that. 

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The Law Office of Matthew E. Bennett
8720 Georgia Avenue
Suite 701
Silver Spring, MD 20910

Phone: 301-960-5347
Fax: 301-589-1585
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Attorney Matthew E. Bennett