How does the fifth amendment affect my blood alcohol level reading during an Annapolis, MD DWI?
If a police officer suspects that you are driving under the influence in Maryland, you might be asked to participate in a breathalyzer test. Often times, the officer will ask you this if you’ve been swerving or performing any other kind of suspicious behaviors when driving. The decision on whether or not to perform the test is one that is actually affected by the fifth amendment. Here, an Annapolis, MD DWI lawyer explains how.
The Real BAC Limit
Because drivers are told that the legal limit for driving is .08, they believe if they blow under that limit that will be found innocent of drinking and driving. Unfortunately, this is not the case. Many motorists who blow .04 or .05 still end up going to jail. The only full-proof way of showing you are not intoxicated is to blow a .00, and if you’ve been drinking at all, this is likely not going to happen.
The Fifth Amendment
Because the reading levels for intoxication are so varied, the breathalyzer can hurt you even if you blow below the legal limit. Pleading the fifth and declining to take the test is the right choice for many, particularly those who have a had a drink or two and are not intoxicated. Because of the small amount of alcohol in your system, you may blow an amount that could be misinterpreted as being intoxicated.
Unfortunately, declining to take a breathalyzer test isn’t without repercussions. The Department of Motor Vehicles has the right to take away a driver’s license if he refuses the test. However, declining the test means there isn’t any solid proof that you were driving under the influence in Maryland, which could help your case.
Pleading the fifth in your Annapolis, MD DWI case can protect you, however, you will still need the help of an experienced lawyer. If not, you will likely receive harsher punishments than you would otherwise.
Call the law offices of Jimeno & Gray, P.A., at (410) 590-9401 for more information and to request your free copy of the book The ABCs of DWIs in Maryland, written by Maryland DWI attorney Gregory Jimeno.
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Gregory P. Jimeno, Esquire
Frank C. Gray, Jr., Esquire.
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