Driving under the influence (DUI) is a serious offense in Maryland, and the consequences can be severe. A DUI conviction can result in jail time, hefty fines, a criminal record, and even the loss of your driver’s license. However, there are several defenses available to those facing DUI charges in Maryland. In this blog post, we’ll explore some of the most common defenses for DUI charges in Maryland.
Challenging the Stop
The police must have a reasonable suspicion that you are committing a crime or traffic violation before they can pull you over. If the police did not have a valid reason to stop your vehicle, any evidence obtained during the stop may be thrown out of court. For example, if the police pulled you over based solely on a hunch or because of your race, this would not be a valid reason for the stop.
Challenging the Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn or one-leg stand, are often used by police to determine whether a driver is intoxicated. However, these tests are subjective and can be influenced by factors such as fatigue, anxiety, or physical disabilities. Additionally, these tests are not always administered correctly by police officers, which can lead to inaccurate results. If you can show that the field sobriety tests were administered improperly or unfairly, this could help your defense.
Challenging the Breathalyzer Test
Breathalyzer tests are used to measure a driver’s blood alcohol content (BAC). However, these tests are not always accurate and can be influenced by factors such as mouth alcohol, which can lead to false readings. Additionally, the breathalyzer machine must be properly calibrated and maintained to ensure accurate results. If you can show that the breathalyzer test was administered improperly or the machine was not calibrated correctly, this could help your defense.
Challenging the Blood Test
Blood tests are also used to measure a driver’s BAC. However, like breathalyzer tests, blood tests are not always accurate and can be influenced by factors such as improper handling or storage of the sample. Additionally, the blood test must be administered by a qualified professional, and the sample must be properly collected and preserved to ensure accurate results. If you can show that the blood test was administered improperly or the sample was mishandled, this could help your defense.
Arguing Necessity or Duress
In some cases, it may be possible to argue that you were forced to drive under the influence due to circumstances beyond your control. For example, if you were threatened with bodily harm unless you drove, this may be a defense to a DUI charge. Similarly, if you had to drive to prevent a more serious crime from occurring, such as a kidnapping or assault, this may also be a defense.
Challenging the Probable Cause for Arrest
Even if the police had a valid reason to stop your vehicle, they must have probable cause to arrest you for DUI. Probable cause is a legal standard that requires the police to have enough evidence to believe that you were driving under the influence. If the police did not have enough evidence to arrest you for DUI, any evidence obtained after the arrest may be thrown out of court.
Challenging the Chain of Custody
Blood or breathalyzer test results may be challenged if the chain of custody of the evidence is not properly maintained. The chain of custody refers to the procedure used to collect, store, and transfer the evidence. If the chain of custody is not properly maintained, there is a risk that the evidence may have been tampered with or contaminated. This may lead to inaccurate test results.
Medical Conditions
Certain medical conditions may affect the results of field sobriety tests or breathalyzer tests. For example, some medical conditions may affect a person’s balance or coordination, making it difficult for them to perform certain field sobriety tests. Similarly, some medical conditions may affect a person’s breath, leading to false readings on a breathalyzer test. If you have a medical condition that may have affected the results of your DUI test, this may be a defense.
There are several defenses available to those facing DUI charges in Maryland. Challenging the stop, field sobriety tests, breathalyzer test, or blood test, arguing necessity or duress, challenging probable cause for arrest, challenging the chain of custody, or using medical conditions as a defense may be effective strategies for fighting DUI charges. If you are facing DUI charges in Maryland, it is important to seek the advice of an experienced criminal defense attorney to help you navigate the legal process and protect your rights.
As a law firm specializing in criminal defense, including DUI charges, we at Alpert Schreyer, LLC can help clients facing DUI charges in Maryland build a strong defense. We have a deep understanding of Maryland DUI laws and can help clients understand their rights and options. We review the evidence against our clients, including the results of any field sobriety tests, breathalyzer tests, or blood tests, to identify any weaknesses in the prosecution’s case.
We can also challenge the legality of the stop and arrest, as well as the accuracy of the testing equipment and the chain of custody of the evidence. In addition, we provide clients with support and guidance throughout the legal process. We can help them navigate the court system, negotiate plea deals, and represent them at trial if necessary.
Our goal is to help clients achieve the best possible outcome for their case, whether that means having their charges reduced or dismissed, negotiating a plea deal, or fighting for their rights in court. We are committed to providing our clients with the legal support they need to protect their rights and achieve the best possible outcome for their case. If you are facing DUI charges in Maryland, we are here to help.
