Question: What are some defenses you have used for a client who failed the roadside breath test in Maryland?
Answer: Well happily in Maryland, the roadside breath test is not an admissible test; it is not found to be reliable as the breath test back at the police station. So the officers can use this particular test as probable cause in addition to everything else to make an arrest, but in court neither the police officer nor the prosecutor can utilize this number. So it does not need to be defended against because it’s not coming up under 16-205.1. However, conversely, if one does blow in that device and the number is favorable to the licensee—if it’s under a .07 or a .08— and the licensee or the defendant wished to utilize that in court, they, on the other hand, can utilize the number to their benefit, but the state cannot.