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Legal Defenses to DUI/DWI That Can Change the Outcome
If you are facing DUI or DWI charges in the state of Maryland, you may be (understandably) very anxious about your future and the outcome of your charges. In the state of Maryland, DUI is charged when a person’s blood alcohol concentration (BAC) is 0.08 percent or higher. DWI is a lesser charge that is levied when a person’s BAC is 0.07 percent or higher.
In addition to the many legal penalties you may face (jail, fines, license suspension), there are also collateral consequences associated with a DUI conviction. You could lose the job you currently have – particularly if you drive for a living under a CDL license – and could have difficulty obtaining employment. If you are unable to drive, you could be unable to get to and from your job or school.
Your insurance rates could increase to the point where they are prohibitively expensive, making it difficult for you to pay for mandatory auto insurance. As you can see, preventing a DUI conviction is extremely important and requires the assistance of a strong Northern Baltimore County DUI attorney.
What DUI Defense Could Apply to Your Charges?
While every situation is different, and your DUI attorney will base your defense on the facts and circumstances of your DUI arrest, there are some defenses that are commonly used for these charges. These defenses include:
There Was No Probable Cause for the Initial Traffic Stop
A police officer must have probable cause to pull you over, namely that you committed some type of traffic violation. This means that even if the officer saw you leave a bar and get in your car to drive home, it is not legal to stop you unless you have committed a traffic violation, such as speeding, swerving, driving too slowly, or failing to stop or yield.
Field Sobriety Test Inaccuracies
First, it is essential that you know you do not have to submit to a field sobriety test. The downside to refusing a field sobriety test is that it will not stop an officer from charging you with DUI, and your refusal might be used against you in court. Your attorney can challenge the results of the field sobriety test, primarily because these tests are notoriously unreliable, especially for those with physical conditions, those who are overweight, and those who are taking certain prescription medications.
Problems with Breathalyzer Tests
Both the portable breathalyzer and the standard breathalyzer tests have a litany of problems that can make the results easy to challenge. The device must have been calibrated and properly maintained, and the officer must have been certified, properly trained, and must have administered the test properly. Underlying health conditions like gastric disorders and diabetes can affect the breathalyzer reading, as can certain medications, a person’s diet, and even his or her profession (Those regularly exposed to paint fumes can test falsely high).
Rising Blood Alcohol Concentrations
Your blood alcohol concentration could have been below the legal limit while you were driving but increased between the time of your traffic stop and the administration of a breathalyzer test. This often happens when the consumed alcohol has not yet been fully absorbed into your system.
Other Defenses to DUI
There are affirmative defenses to DUI charges, which are essentially justifications for a specific behavior. These defenses include necessity, duress, entrapment, mistake of fact, and involuntary intoxication. They are less commonly used but may apply in some cases. Other defenses concern improper police action, such as violations of the suspect’s constitutional rights and improper chain of custody for evidence.
Contact a Harford County, MD DUI Lawyer
If you are facing DUI or DWI charges in Maryland, you need a strong legal advocate in your corner. Regardless of whether this is a first or subsequent DUI, it is important to minimize the consequences to the extent possible. When you choose an experienced Northern Baltimore County, MD DUI attorney from Baltimore Legal Services, you can rest easy knowing you are in good hands. We are available 24/7 and have helped more than 10,000 clients have the best outcome possible. Call 858-523-8423 to schedule your free consultation.