A DUI charge may seem like no big deal. However, this is far from the truth. Because a DUI is often classified as a misdemeanor, many assume this is not a serious offense. This offense cannot be expunged, meaning, if found guilty, it will remain on your record forever. As such, it’s vital to understand what your legal options are to help beat a DUI. Keep reading to learn more and discover how a Maryland DUI lawyer can help you navigate these complex circumstances.
What Constitutes a DUI in Maryland?
In Maryland, it’s critical to understand that there is a distinction between a DWI and DUI. A driving while impaired charge is warranted when a driver has a blood alcohol concentration (BAC) of 0.07%-0.79%, while driving under the influence applies to those with a BAC 0.08% or higher.
You can also be charged with a DWI if your BAC is below the legal limit, but you still show signs of impairment. If it’s determined that you cannot operate a vehicle because you have consumed alcohol, you can face charges and even be found guilty.
If you are under 21 and found operating a vehicle with any alcohol in your system, you will likely face a DUI regardless of how low your BAC is.
Can I Beat a DUI?
It’s important to understand that there are possible defenses to beat a DUI or DWI offense. However, you’ll need the assistance of an experienced criminal defense attorney to help you navigate these charges.
One of the most common ways to have a DUI charge dismissed is to prove the evidence was the result of an illegal search and seizure, which is a Fourth Amendment violation. If the police officer has no probable cause to pull you over, the evidence seized is likely inadmissible. This includes your BAC, an open alcoholic beverage, or signs of impairment. As such, the case can be dismissed since the prosecution will have no evidence to proceed.
Another common defense for DUI is that the breathalyzer, the device used to measure your BAC, was not functioning properly. This could be because the machine is not calibrated correctly, is broken, or the officer administering the test does so improperly. As such, the device can yield incorrect results.
It’s also important to understand that several factors can influence a breathalyzer, such as gum or vomit. As such, an office must observe a suspected drunk driver for twenty minutes before administering a breathalyzer. If this period is not granted, the results could be deemed invalid.
If you’re accused of driving under the influence, it’s vital to contact an attorney as soon as possible. Unfortunately, several elements can influence your case, and retaining legal counsel is essential to protecting your best interest. At the Law Offices of Debra A. Saltz, our legal team is ready to fight for you. Contact us today to discuss the details of your case.