Towson DUI/DWI Test Lawyers

Lawyer for Challenging Breath and Field Sobriety Tests in Towson, MD

In Maryland, DUI and DWI cases often hinge on the results of tests conducted by police officers to determine whether a driver was under the influence of alcohol or drugs. These tests may include field sobriety tests, portable breath tests, and blood or breath tests administered after an arrest. While these tests are intended to provide evidence of impairment, they are not infallible, and they can be challenged in court. Kirk Seaman can help people who have been arrested for drunk driving determine their best options for defense, which may include challenging evidence of intoxication.

Types of Tests in DUI and DWI Cases

Law enforcement officers may use a variety of tests to determine whether a driver was under the influence of alcohol or drugs while driving. These tests may typically administered at different points, including during the initial traffic stop and later in the arrest and booking process.

Field Sobriety Tests

Certain types of physical tests may be conducted during a traffic stop when an officer suspects that a driver may be under the influence. There are three types of tests that are typically used in these situations:

• Horizontal Gaze Nystagmus (HGN) Test: A person will watch an object that an officer moves from side to side in front of their face. If their eyes twitch or move involuntarily while they are tracking the moving object, this may be seen as a sign that they are intoxicated.
• Walk-and-Turn Test: A person will walk a certain number of steps, maintaining their balance as they put each foot in front of the other. They will then turn around and walk back to where they started. Instability, failure to stay on the correct path, or failure to follow instructions correctly may be seen as signs of impairment.
• One-Leg Stand Test: A person may be instructed to stand on one foot and maintain their balance while counting out loud until they are told to stop. A loss of balance or putting their foot down before being instructed to do so may cause a police officer to believe that the person has been drinking.

While field sobriety tests are commonly used during DUI traffic stops, they may not be reliable, and there are a variety of other issues that are unrelated to alcohol or drug use that can affect these tests. Factors such as physical disabilities, medical conditions, fatigue, or nervousness can affect a person's ability to carry out instructions, making it seem as if they are intoxicated even if they are able to drive safely. Field sobriety tests are not mandatory, and drivers can decline to participate, although this may be seen as an indication of intoxication that can lead to an arrest. Our attorneys can help challenge field sobriety tests by showing that there were reasons why a person may have "failed" and arguing that the results of these tests did not accurately reflect their level of impairment.

Portable Breath Tests

In addition to field sobriety tests, officers may ask a driver to blow into a portable device during a traffic stop. These roadside breath tests can estimate the driver's blood alcohol concentration (BAC), and if the results show that the driver was over the legal limit of .08 percent (or if an underage driver had any amount of alcohol in their breath), this will provide probable cause to perform an arrest.

Portable breath tests are less accurate than the breathalyzer tests or blood tests that may be conducted at police stations or other facilities. Roadside breathalyzer tests generally are not admissible as evidence in court, and they are not mandatory. As with field sobriety tests, a driver may decline to take a portable breath test, but this refusal may give an officer a reason to perform an arrest based on suspicion of DUI. Our lawyers can question the reliability of portable breath test results and demonstrate that these tests are not reliable evidence of DUI.

Chemical Tests After a DUI Arrest

After being arrested for DUI or DWI, a driver will typically be required to submit to a chemical test that will measure their BAC or determine whether they have controlled substances in their system. These tests may be conducted at a police station or medical facility, and their results may serve as evidence during a DUI case. The two main types of chemical BAC tests are:

• Breathalyzer Test: A breathalyzer device is used to measure the alcohol content in the driver's breath. The driver blows into the device, and it provides a BAC reading. Breathalyzer tests are commonly used because they are quick and non-invasive.
• Blood Test: A blood sample may be taken from the driver and analyzed in a laboratory to determine the driver's BAC or the presence of drugs in their system. Blood tests are considered to be highly accurate, but they require more time and involve invasive procedures.

Blood and breath tests are not immune to errors. Improper administration of tests, equipment malfunctions, or contamination of samples can all lead to inaccurate results. Our attorneys can investigate these potential issues and challenge the accuracy of test results in court when defending against a DUI conviction.

Penalties for Failing or Refusing DUI/DWI Tests

Drivers who fail or refuse to take DUI/DWI tests after being arrested may face penalties that will affect their driving privileges:

• Failing a Test: If a driver's BAC is found to be 0.08 percent or higher, they are considered legally intoxicated and may be charged with DUI. A BAC below .08 percent may result in a DWI charge. The first time a person fails a test, their driver's license will be suspended for 180 days if their BAC was between .08 percent and .15 percent. If their BAC was over .15 percent, they will be ineligible for modification of suspension or a restricted license unless they participate in the Ignition Interlock Program. A second or subsequent offense will also result in a 180-day suspension if a driver's BAC was between .08 and .14 percent or a 270-day suspension if their BAC was over .15 percent.
• Refusing a Test: Maryland's implied consent law requires drivers to submit to a breath or blood test after being arrested for DUI. Refusing to take the test will result in an automatic driver's license suspension of 270 days for a first offense and two years for a subsequent refusal. A person who has refused a test must participate in the Ignition Interlock Program in order to have their license reinstated.

The consequences for failing or refusing a blood or breath test will apply regardless of whether a person is convicted of DUI. However, it may be possible to challenge a driver's license suspension by requesting an MVA hearing. Our lawyers can help challenge the legality of an arrest and the results of chemical tests, and in addition to defending against DUI charges, we can provide representation in license reinstatement hearings, helping to restore a person's driving privileges.

Contact Our Towson, Maryland DUI/DWI Defense Attorneys

When facing DUI or DWI charges, our skilled legal team can review the tests used in your case and help you take steps to challenge the evidence against you. Contact our office at 410-837-6077 to arrange a free consultation and get legal help 24 hours a day, seven days a week.