Challenging the Prince George’s County DUI Breath Test
Breath tests are one of the tools that law enforcement uses to determine whether someone is intoxicated or not. Depending on whether it is a roadside test or a test taken at the police station, you may be able to challenge the results of the test, which could weaken the prosecution’s case. If you want to know more about challenging the Prince George’s County DUI breath test, consult a knowledgeable DUI attorney that could answer your questions. Speak to a skilled lawyer that could devote the time and resources necessary to achieve a positive outcome for you.
What is the Breath Test Used in Prince George’s County?
The breath test at the station is the one that is used in the trial against the driver, and the one that needs to be challenged if appropriate to do so. The machine used to conduct these tests at the police station is called the Intoximeter EC/IR II. The mechanisms used to test the presence of alcohol in a person’s breath are electricity and gas. When a person breathes into the machine, it sends a certain amount of electricity into gas, which with a certain proprietary computation, comes back with an alcohol breath reading.
The Administration of Breath Tests
In Prince George’s County, a breath test is administered in by requiring the person charged to blow into each of the machines with certain strength so that a full read may be obtained from the breath. After two breath samples are given, the machine spits out a slip which indicates the breath reading for the two tests. A person is given the benefit of the lower of the two readings in all court proceedings moving forward.
The machine that administers the breath test measures the content of alcohol in the breath of the person being tested. The requirements the testing device must meet in order for the sample to be considered valid include a strong enough gust of air to get a full reading. The machine must also be calibrated, tested, in working order, and have no defects or flaws. When challenging the Prince George’s County DUI breath test, a defense attorney could question whether the officers practiced proper protocol or not and in doing so, bring into question the validity of the results.
Steps Officers Must Take
There are a number of steps officers need to take while administering the breath test for it to be valid, some of which are done ahead of time. There must be a 20-minute observation before the administration of tests. The officer has to ensure that the person has no foreign object in their mouth, such as food, gum, and chewing tobacco. The person should not have drank or eaten anything 20 minutes prior to the test being administered. Also, certain protocols should be followed to ensure the reliability and accuracy of the test.
Challenge the Results of a Roadside Breath Test
The defense does not challenge the results of a roadside breath test since it is not utilized in a court proceeding. It has a limited purpose, which is when the officer has probable cause to believe the person might be under the influence such that they may take them into custody and bring them to the station for the real breath test that is admissible. It is not a matter of challenging as it is a basis for the officers to obtain probable cause. Instead, an individual should concentrate on challenging the Prince George’s County DUI breath test that was administered at the police station, since that is the test that is used in court.
How a Prince George’s County DUI Attorney Could Help
If you want to begin the process of challenging the Prince George’s County DUI breath test, one of the first steps you need to take is contacting an attorney. The attorney could subpoena all records from the breath machine and records of the individual administering and their certification. They could also ensure that any deficiencies have been resolved and all protocols have been followed prior to the administration of the test. If you have been charged with a DUI offense and want to challenge the results of your breath test, talk to a seasoned DUI lawyer that could fight for you.