Breath Tests And Administrative Hearings

Dependable Representation For Administrative Hearings

If you were issued a Breathalyzer test to determine your blood alcohol level and were arrested as a result, you can contest the suspension of your driver license in an administrative hearing. The Law Office of Ronald L. Schwartz serving College Park and Montgomery County has successfully managed hundreds of cases involving breath tests and administrative hearings.

Ensuring That Police Observe Proper Procedures For Breathalyzer Tests

Under Maryland's state laws, police must follow certain procedures before issuing Breathalyzer tests. They must have cause, such as a failed field sobriety test, and they have to read you your rights. You are not required to take a Breathalyzer test, but the consequences of refusing to take a breath test in Maryland include automatic loss of your driver's license for 270 days without the issuance of a temporary license so you can drive to work or school. Penalties are even more severe for DUI repeat offenders.

If you are stopped in a federal jurisdiction, such as the Baltimore-Washington parkway or other federal installations, the rules are even more stringent and you may not be able to refuse a test.

You can contest the suspension of your driver license within 10 days of the date it was seized by the officer. The Law Office of Ronald L. Schwartz is highly familiar with the following administrative defenses at an MVA hearing:

  • Advisement of rights - Police officers are required to advise drivers that they have the right to refuse to take a breath test before one is administered. Failure to do so can invalidate the test.
  • Fourth Amendment - Officers are not allowed to issue a breath test unless they have evidence that would lead them to suspect that the person was driving while intoxicated. If they do not have just cause, they may be guilty of an illegal search and seizure.
  • Margin of error - Breathalyzer machines have a margin of error of 10 percent. If your test is within 10 percent of the legal limit, attorney Schwartz can argue that you were not driving under the influence.

Get Your License Back After A DUI Arrest

Losing your driver's license, even temporarily, can cause significant problems in your personal and professional life. It can limit your ability to work, pursue education or care for your family. As one of the top DUI lawyers in Montgomery and Prince George's counties. Attorney Schwartz skillfully represents you at your administrative hearing and determines whether police followed all required procedures when issuing your breath test.

Under new Maryland regulations, those accused of Drunk Driving violations may be required to install an ignition interlock device on their car. Attorney Ronald Schwartz can help minimize the time period under which you may be required to have an interlock device.

Contact An Attorney Serving Hyattsville Today For Reliable Legal Defense Services

When you need to get your license back after a DUI arrest, contact The Law Office of Ronald L. Schwartz. Call 301-892-3410 or contact the firm online to schedule a one-on-one free consultation about your case.