ANOTHER DUI DEFENSE STRATEGY
When an individual has been suspected of driving under the influence or while impaired, a police officer at the traffic stop will offer the driver the opportunity to do a preliminary breath test . The officers carry with them a portable preliminary breathalyzer unit. It is a little larger than the average hand. The portable unit is not the same as the breathalyzer that is used at the police station.
The preliminary breath test is not admissible into evidence by the State of Maryland because it is not as reliable and valid as the breathalyzer at the police station. Breathalyzer equipment used at the police station undergoes frequent certification, monitoring both the equipment as well as supplies used in its operation.
The defense attorney can utilize the preliminary breath test as evidence to prove that the reading at the traffic stop was the most reliable indicator of the level of alcohol in the driver’s system/body.
Our office has purchased a portable breathalyzer that is designed for professional testing applications. It is the BACtrack S80.
We purchase the preliminary breathalyzer for those potential clients who call us and want to be advised whether to take the breathalyzer at the police station. Often, potential clients are not aware that they have the right to consult with an attorney at the police station, including the attorney having the client take the attorney’s (our) portable breathalyzer.
Upon being informed of the results of the portable breathalyzer, the client can decide whether or not to take the breathalyzer at the police station.