| Once you are arrested and arrive at the station you will given a form explaining your rights with respect to the breath test, and you must sign whether you will take the test or refuse it. You probably will not be given a chance to call a lawyer, so you will need to make the decision on the spot. But should you take it? This is a question you need to answer for yourself. The Breath Test One of the most frequently asked questions about DUI is whether a person should take the breath test. From the standpoint of a lawyer thinking about a trial, it is nothing but evidence against you. Actually, it is more than just evidence in some circumstances. If you blow greater than .08 blood alcohol content (BAC) you are "intoxicated per se," meaning that the breath test result is all the proof the judge needs to find you guilty. Without it, the court has to rely on other proof, such as the result of the field sobriety tests. (As you can see if you read both of these sections, with no field sobriety test and no breath test, the evidence against you may be slight.) By driving on Maryland roads, however, you consent to take the breath test. Refusing to take the test will result in losing your license for a substantial amount of time (120 days). It is also may result in an "enhanced penalty." (worse sentence and/or fine) Therefore, you have to decide for yourself whether or not to take the test. Consider the following: If you take the test, the results will be admissible in court to show what your blood alcohol concentration was. If it was .08 or above, you are guilty of driving under the influence by definition. If it was substantially higher than that, say .14, then the judge knows that you were pretty drunk, and there is a greater chance that you will go to jail. If the judge does not have the results of the breath test, he has only the officer's observations to determine whether you were guilty of DUI / DWI. For example, did the cop stop you because you were weaving, or because you were speeding? Weaving could be used to infer that you were drunk. Also, how did you do on the field sobriety test? If you could not stand up, then maybe you were drunk (another good reason to refuse the field sobriety test). So, with the breath test results, the judge knows how much alcohol was in your system, and it is a slam dunk for the State to get a conviction for the more serious version of driving under the influence (DUI per se). Without it, it is much more likely that you would only be found guilty of the lesser crime of DWI (driving while impaired), which carries a much lighter sentence. This is particularly importance if you are a repeat offender who was really drunk when the officer stopped you. The breath test can be challenged. The test has to be given within two hours of arrest. The cop operating it has to be qualified. The machine has to be properly maintained. Proper procedures need to be followed. This is why you need a lawyer. |
Willis & Henderson, P.A.
Attorneys at Law
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043
410-461-9400
Suite 210
Ellicott City, MD 21043
410-461-9400
DUI/DWI: The Breath Test
Willis & Henderson, P.A.
Attorneys at Law
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043
410-461-9400
Suite 210
Ellicott City, MD 21043
410-461-9400
If you are charged with DUI or DWI, you need a lawyer
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Click Here to request a free telephone consultation |