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Appealing a drunk driving conviction -- know your rights

Being accused of drunk driving is a serious accusation with severe consequences. A conviction of driving under the influence or driving while impaired in Montgomery County or in Maryland in general can result in criminal and civil charges, hefty fines, suspension or revocation of your license and even jail time.

In a recent case, a 56-year old man was stopped by police. While the man did not appear drunk, police asked him to submit to a breath test. The test indicated the man had been drinking. He was convicted of drunk driving, his license was suspended and he was subsequently sentenced to serve two years in jail. The man appealed the conviction, asserting that the device used to administer the test was inaccurate.

Upon appeal, the driver's defense attorney also questioned the police's request to administer a breath test. Police admitted the driver did not exhibit signs of being under the influence. This calls into question what grounds police had to even request a breath test. The driver's defense attorney also refuted the actual accuracy of the breath test.

If suspected of drunk driving in Maryland, you may be asked to submit to some type of breath test which measures the amount of alcohol in your blood. These types of tests, however, can yield inaccurate results for a variety of reasons. The test may not have been administered correctly or the actual device may be defective and render results that are inaccurate.

The emotional and financial burden of a DWI or DUI conviction can negatively impact a person's life for years. If you were convicted of drunk driving and submitted to a breath test which you believe yielded inaccurate results, it is important to speak with an experienced criminal defense attorney that can appeal your conviction.

Source: West Deptford Patch, "Woodbury Heights Man Loses Drunk-Driving Appeal," Bryan Little, Feb. 22, 2012

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