2 Reasons Why Your Breathalyzer Test Results Could Be Dismissed in Your Columbia, MD DUI
If you are pulled over for suspicion of drunk driving, you will likely be asked to breathe into a machine called a breathalyzer. This piece of equipment is used to measure the amount of alcohol on your breath. If you blow a .08 or above, you could receive a Columbia, MD DUI. Although you may think this evidence is enough to convict, that may not be the case; there are at least two defenses that can be used regarding the test results.
Consumption of Food or Medication
Unfortunately, the breathalyzer isn’t the most discerning of machines. It can inaccurately measure compounds found in some foods and medications as alcohol, which could make it seem as though you are intoxicated while driving, even if you aren’t. Eating this food or taking these medications during a certain period of time before the test is administered, could cause your results to rise, resulting in the officer issuing you a Howard County DUI. The ability to prove that food or medication was the cause for your high breathalyzer reading could end in the judge dropping your case.
Testing During Absorption Phase
It takes anywhere from 45 minutes to three hours for your body to fully absorb any alcohol you consume. This means that if you have one last drink right before you get behind the wheel, you could appear more intoxicated an hour or two down the road than you actually were when you began driving, and unfortunately, this is often the time period in which police conduct the test. This is extremely detrimental, as your breathalyzer results could indicate that you have a higher blood alcohol level than you did when you were actually driving. A Columbia DUI lawyer could use this defense in your case.
The lawyers of Jimeno and Gray want to help you, especially if you are wrongly accused of driving while intoxicated in Maryland. We will do all we can to prove your innocence, and help you move on from this stressful ordeal.
If you received a Columbia, MD DUI, give us a call at (410) 590-9401. We can tell you how we may be able to help. Request your free copy of the book The ABCs of DWIs in Maryland, written by attorney Gregory Jimeno, when you call.
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