If you’ve been charged with DUI or DWI in Maryland, chances are a breathalyzer test played a key role in your arrest. But are breathalyzers actually admissible in court? The short answer is yes—but only if strict legal requirements are followed. As a Southern Maryland criminal lawyer, we often challenge the reliability of these results on behalf of clients in Charles, Calvert, St. Mary’s, and Prince George’s Counties.
Let’s break down when breathalyzer results can be used in court—and when they can be thrown out.
✅ When Are Breathalyzer Results Admissible in Maryland?
Under Maryland law, breathalyzer test results are presumptively admissible in DUI/DWI cases if the police follow the rules. Those rules are outlined in:
- Maryland Transportation Article § 16-205.1
- Courts and Judicial Proceedings Article § 10-302 through § 10-309
To be admitted in court, the prosecution must show:
- Approved Equipment
The breath-testing device must be on the Maryland State Police approved list and properly calibrated. The most common device in Maryland is the Intox EC/IR II. - Certified Operator
Only a qualified and certified breath test operator can administer the test. If an uncertified officer performed the test, the results may be inadmissible. - 20-Minute Observation Period
Before administering the test, the officer must observe the driver continuously for 20 minutes to ensure they don’t eat, drink, vomit, or smoke. Failing to do so can cast doubt on the result. - Proper Maintenance and Records
Breathalyzer devices must be regularly inspected and maintained. Missing or inaccurate records can result in the test being excluded from evidence.
⚖️ Challenging Breathalyzer Evidence in Court
As a defense attorney, we regularly challenge the admissibility and reliability of breath test results. Common defenses include:
- Improper calibration of the device
- Operator error or lack of certification
- Mouth alcohol contamination (e.g., recent alcohol use, acid reflux)
- Violation of the observation period
- Medical conditions that affect breath samples
Even if the breath test shows a BAC of 0.08% or higher, that doesn’t make it ironclad. The prosecution still has the burden of proving that the test was properly administered and reliable.
🚔 What Happens If the Breathalyzer Is Thrown Out?
If the court excludes the breathalyzer results, your DUI or DWI charge may still proceed, but it becomes harder for the prosecution to prove guilt. They may try to rely on:
- Field sobriety tests
- Police officer observations
- Dashcam or bodycam footage
- Your statements at the scene
However, without a reliable breath test, the case against you may be significantly weaker—especially for DUI per se charges that require proof of a BAC of 0.08% or higher.
📍 Breathalyzer Defense in Southern Maryland
DUI charges can impact your license, your job, and your future. If you’re facing drunk driving charges in Charles County, Calvert County, St. Mary’s County, or Prince George’s County, don’t assume the breath test seals your fate.
At Southern Maryland Criminal Defense, we fight to protect your rights and challenge unreliable evidence. A flawed breath test should not determine your future.
📞 Schedule a Free Consultation
If you’ve been charged with DUI or DWI in Southern Maryland, contact us today for a free consultation. We’ll review your case, examine the breathalyzer evidence, and help you understand your options.
