Rockville Blood/Breath Test Lawyer

Aggressive Defense Against Blood and Breath Test Evidence in Rockville, MD

Charges of driving under the influence (DUI) of alcohol or drugs can result in serious penalties. When a person is arrested for intoxicated driving, law enforcement will typically conduct chemical tests to measure the level of alcohol or drugs in their system. These tests involve analyzing a person's breath or blood. When defending against a conviction for DUI, an experienced attorney can help determine the best ways to address the evidence against a person, including challenging the results of breath or blood tests. At Salvado Law Offices, we can provide an effective defense for people charged with DUI, ensuring that their rights will be protected and working to limit the penalties they may face.

Maryland's Informed Consent Law

Maryland Transportation Code § 16-205.1 states that by driving on roads in the state, drivers are deemed to have consented to submit to a chemical test if they are arrested on suspicion of driving while under the influence of alcohol or drugs. Under this law, an officer can request that a person take a breath or blood test after performing an arrest and taking the person to a police station or detention facility. The officer is required to inform the driver of their rights and the consequences of refusing the test.

Penalties for Failing a Chemical Test

In Maryland, the legal limit for blood alcohol concentration (BAC) is 0.08 percent. If a person's BAC is 0.08 percent or higher, they can be charged with DUI. The presence of controlled substances in a person's system may also lead to DUI charges. If a person's BAC is less than .08 percent, or if they are considered to be impaired because of the use of substances such as prescription drugs, they may be charged with driving while impaired (DWI) based on the results of chemical tests or an officer's observations of their level of impairment through methods such as field sobriety tests.

If a chemical test shows that a person had a BAC of .08 percent or more, they will face a 180-day driver's license suspension for a first or second offense. If their BAC was .15 percent or more, they will face a 180-day suspension for a first offense and a 270-day suspension for a second offense. Additional penalties will apply if a person is convicted of DUI. A conviction for a first-time DUI can lead to a jail sentence of up to one year, a maximum fine of $1,000, and a six-month license revocation. Repeat DUI offenders face even harsher penalties, including longer jail sentences, higher fines, and extended periods of license revocation.

Consequences of Refusing a Chemical Test

A person may refuse to provide a blood sample or take a breathalyzer test after being arrested, but this will result in penalties. For a first refusal, a person's driver's license will be suspended for 270 days. For a second refusal, the suspension will be extended to two years. While refusing to take a chemical test may prevent evidence from being used in a DUI case, the refusal is likely to be seen as an indication that a person knew that they were intoxicated. An experienced attorney can provide guidance on how to address chemical tests, defend against a conviction, and regain driving privileges after a suspension or revocation.

Challenging Blood or Breath Test Results

There are several methods that a skilled lawyer may use to challenge the results of chemical tests. Some of the common issues that may be raised when challenging test results include:

• Device calibration and maintenance: Breathalyzers must be properly calibrated to ensure accurate readings. If a device had not been regularly checked and serviced, it may have produced unreliable results. Our attorneys can request maintenance records to determine if the breathalyzer used in a client's case was functioning correctly.
• Environmental factors: Certain factors can skew breathalyzer results. For instance, exposure to paint fumes, gasoline, or other volatile substances can cause false positives. Additionally, if the test is conducted in a poorly ventilated area, the results may be compromised.
• Biological factors: Individual biological differences can also affect breath test outcomes. Health conditions like acid reflux, diabetes, or a low-carbohydrate diet can result in higher BAC readings. Our attorneys can present medical evidence to challenge the validity of the breath test results.
• Improper collection and storage: The accuracy of a blood test can be compromised if a blood sample is not collected or stored correctly. For example, using an alcohol-based swab to clean the skin before drawing blood can contaminate the sample. Improper storage, such as failing to refrigerate the sample, can also cause fermentation that may artificially increase alcohol content.
• Chain of custody: Specific procedures must be followed to record the handling of evidence, from collection to analysis. Any breaks or discrepancies in this chain can cast doubt on the integrity of the blood sample. Our attorneys can examine records to identify any potential lapses that could undermine the test results.
• Laboratory errors: Even in the best labs, human error is possible. Mistakes in labeling, sample mixing, or incorrect analysis can all lead to inaccurate results. Our attorneys can subpoena lab records and, if necessary, call upon expert witnesses to review the procedures and findings.

Contact Our Rockville, MD DUI Attorneys for Chemical Tests

At Salvado Law Offices, our lawyers can determine how what role blood or breath tests may play in a DUI case, and we can determine the ideal defense strategies to help defend against a conviction. For legal help with these issues, contact us at 301-933-1814 and set up a free consultation. We represent clients in the areas surrounding Rockville, Maryland and Falls Church, Virginia.