In the State of Maryland, a conviction for driving under the influence (DUI) of drugs or alcohol carries many serious and life-altering consequences, including significant fines, time in jail, an increase in insurance premiums, the installation of an ignition interlock breathalyzer and suspension of one’s driving privileges. However, with a competent Maryland DUI defense lawyer on your side, you can wage one of several effective defenses against your charges. For more information, please read on, then contact an experienced Annapolis DUI lawyer. Some solid defenses in Maryland DUI cases include:
Proving you were not impaired
Remember, in the United States, the prosecutor has the burden of proof. Whether you opt for a bench trial or a trial by jury, the prosecution will need to prove your guilt beyond a reasonable doubt. To poke holes in the prosecution’s case, you might raise doubts about whether:
- Law enforcement had properly calibrated testing equipment
- Law enforcement had properly administered testing
- Your blood alcohol concentration rose after law enforcement pulled you over
Having the prosecutor’s evidence suppressed
The judge may rule any evidence police collected, including test results and self-incriminating statements, inadmissible if the defendant convinces the judge that police:
- Stopped you without reasonable suspicion
- Arrested you without probable cause, or
- Violated your Constitutional rights
Presenting evidence of a false-positive BAC test result
Research has shown that several non-alcoholic substances can generate false positive BAC test results, including:
- Certain types of dental works
- Mouth jewelry
- RFI-emitting devices
Pleading to a lesser charge
If you believe that you face a conviction at trial, you may want to plead to a different charge. Fortunately, you can plea bargain a DUI or DWI case in Maryland, especially if the State does not feel that it has sufficient evidence to satisfy the burden of proof. In that case, the State may dismiss the DUI and allow you to plead to a lesser charge with less severe consequences.
Making sure you have a sober ride home
Of course, we would not be doing our duty if we did not inform you about the most effective means of beating a DUI charge: Have a designated driver, a rideshare service, i.e. Uber or Lyft, or another safe ride alternative drive you home after a night of drinking. Thus, law enforcement never pulls you over and you never face DUI charges. If law enforcement has already charged you with a DUI, you should not hesitate to speak with an Annapolis, Maryland criminal defense lawyer as soon as possible.
