Understanding and Challenging DUI and DWI Charges in Maryland
Facing charges for driving under the influence (DUI) or driving while intoxicated (DWI) in Maryland is a serious legal matter with potentially severe consequences, including jail time, substantial fines, and driver’s license suspension. Securing legal counsel from an experienced local defense attorney immediately after an arrest is crucial to developing a powerful defense strategy.
While the prosecution may present strong evidence, such as a high Blood Alcohol Content (BAC) reading, you are always entitled to mount a vigorous legal defense. An attorney can thoroughly examine the details of your case, protecting your constitutional rights and identifying crucial weaknesses in the state’s evidence.
Common Defense Pillars in DUI/DWI Cases
Skilled criminal defense lawyers understand that success in a DUI case often hinges on challenging the state’s actions and evidence at every step of the process.
1. Contesting the Initial Stop and Arrest
A fundamental defense strategy involves scrutinizing the legality of the police interaction:
Reasonable Suspicion for the Stop: Law enforcement must have a valid legal reason (reasonable suspicion) to initiate a traffic stop. Your attorney may argue that the officer lacked proper cause to pull you over, which could lead to the suppression of all evidence gathered afterward.
Probable Cause for Arrest: Following the stop, the officer must establish probable cause to justify a here DUI arrest. While this is a lower legal hurdle, a defense attorney will review all evidence, like dashcam footage and officer testimony, to ensure the legal standard for the arrest was met.
2. Challenging Field Sobriety Tests (FSTs) and Breath/Chemical Tests
The evidence gathered by police—including performance on FSTs and BAC readings—is often the core of the prosecution’s case, but it is not infallible.
Flaws in Field Sobriety Testing: Police agencies have strict guidelines for administering Standardized Field Sobriety Tests (SFSTs). If the officer fails to perform the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, or One-Leg Stand tests correctly, or if environmental factors (like road conditions or footwear) interfered, your lawyer can move to suppress the test results.
Accuracy of Chemical Tests (Breath/Blood): Breathalyzers and blood testing equipment require regular, precise calibration and proper maintenance. An experienced DUI defense attorney will investigate the chain of custody for blood samples or subpoena maintenance records for the breath testing device. If the required calibration was not completed or the test was improperly administered, the results may be deemed inadmissible in court.
The Rising BAC Defense: In some cases, a defense attorney may argue that although your BAC was above the legal limit at the police station, it was still rising and was below the legal limit at the time you were actually operating the vehicle. This complex defense is used to demonstrate that you were not legally impaired while driving.
3. Protecting Constitutional and Procedural Rights
Your defense counsel will ensure that your fundamental rights were upheld throughout the arrest and investigation:
Illegal Search and Seizure (Fourth Amendment): The Fourth Amendment protects citizens from unlawful searches. An attorney may argue that the breath or chemical test constitutes an illegal search if the traffic stop itself was unconstitutional.
Miranda Rights Violations: If you were arrested and questioned without being read your Miranda Warnings, any statements you made to the police at that time may be excluded from the court case by a successful motion to suppress.
The Value of an Experienced DUI Attorney
A successful defense doesn’t always result in a complete dismissal of charges. Often, a strong defense strategy—developed by reviewing police reports, video evidence, and witness statements—leads to a favorable plea agreement or reduced charges. An attorney’s experience and established working relationships with local prosecutors can be invaluable when negotiating a plea bargain that could prevent jail time or minimize license penalties.
If you are fighting DUI or DWI charges, do not wait. Contact a local criminal defense attorney promptly to protect your rights and explore all possible avenues for a favorable resolution.