Challenging a Blood Alcohol Test in Maryland

Questioning the Reliability of a Breathalyzer Test

Challenging a Blood Alcohol Test in Maryland-imgWhen you’ve been pulled over, for any reason, one of the first things the officer will typically ask is whether you have been drinking. If you say that you have, or if the officer observes behavior that provides probable cause, he or she may ask that you take a blood alcohol test. You can legally refuse, but there are serious consequences. If you take and fail the breathalyzer test, though, you can still challenge the results in court.

Reasons Why a Blood Alcohol Test May Be Inadmissible

There are a number of situations where a court may determine that a breathalyzer test should be thrown out:

  • Studies show that breathalyzers can provide false results (some suggest that they are only accurate about 40% of the time)
  • Breathalyzers require regular calibration (the recommended frequency is once per month). If the machine has not been calibrated recently, it may give a false readout
  • The police officer may not have followed appropriate procedures

Experienced Maryland Drunk Driving Defense Lawyer

Attorney Jonathan Scott Smith has fought for the rights of criminal defendants in Maryland for more than four decades. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly-regarded trial attorney, Jonathan has an extensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact an Aggressive Baltimore DUI/DWI Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland, including people charged with drinking and driving. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.


  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101