Beating a Maryland DUI Charge
No one ever expects to be arrested and charges with a DUI or DWI. Unfortunately, it’s the kind of thing that can happen to almost anyone, if you’ve had a drink, and happened to be in the wrong place at the wrong time.
Many police officers will reflexively arrest people under even the slightest suspicion of DUI or drunk driving.
If drove your car after one drink, and spilled some on your shirt, and have bad knees, meaning you can’t pass the field sobriety exercises, then suddenly you will find yourself arrested.
The police report may sternly read that you:
- smelled strongly of alcohol,
- failed field sobreity tests,
- and refused a breath test.
But all of these facts are explainable, and shouldn’t be evidence that you were impaired and don’t mean that you are a drunk driver.
But now you are going to need a lawyer to prove that. You need a criminal defense attorney to fight your Maryland DUI charge, and help explain these facts absoultely don’t mean you were drunk, and shouldn’t mean a conviction.
Fighting a criminal charge is stressful, period. And, when you are looking at losing your license, your money, and your freedom, you have a lot riding on the outcome. DUI and DWI laws in Maryland are stringent to say the least. But I’m hear to tell you that these charges can be beaten, or reduced. Even if the facts don’t look like they are on your side, there are still legal defenses we can use.
Is it possible to beat a DUI or DWI charge in the state of Maryland?
Absolutely, it happens all the time. Of course there are no guarantees, and some cases are better than others. But even tough cases can be won.
There are many options when determining the best course of action for your case. Together we will work to ensure you get the best results possible on your day in court.
Maryland DUI Defense Options
There are many rules and procedures that must be followed when arresting someone and charging them with a crime. Despite the way it feels, the criminal justice system was designed to protect your rights. As your defense attorney, it would be my job to ensure that’s exactly what is happening.
Challenge the Stop– In order to pull you over for suspicion of driving under the influence, the police must have probable cause. Erratic, illegal driving is one such justification. If we can show that the police somehow violated your rights by stopping you without sufficient reason, we may be able to get the charges dropped.
Challenge the Breath Test Results– If your breath test results are the main evidence against you we can challenge the validity of them. From the accuracy of the machine itself to the training of the officer who administered the test, there are many possible options for use to show the court that the test cannot be relied upon.
Challenge the Arrest Procedures– Police must follow some arrest procedures “by the book” to ensure that you are taken into custody in a legal manner. If they neglect to read you your rights or even read them too late in the case, the prosecution may not be able to use the evidence and information obtained from you prior to the issuance of those rights.
Challenge Field Sobriety Tests– If the arresting officer(s) had you perform field sobriety tests, they must have been administered properly. Together we will look closely at the tests given to you and the results to see if the officer, perhaps, made a mistake.
Even if the prosecution seems to have a good case against you, we may be able to get charges reduced or even a Probation Before Judgement (PBJ).
If this is your first DUI offense the prosecution could agree to reduce the charges against you. Perhaps if the original charge was a DUI, we can work to get it lowered to a DWI, which carries a much lower potential sentence.
Probation Before Judgment
If you haven’t had any convictions within the last 10 years, you could qualify for a PBJ. A Probation Before Judgement (PBJ) is a unique second chance opportunity that the Maryland courts grant to some defendants. It entails the judge striking the guilty verdict and serving a period of probation. If successful during this period, the points will never be assessed to your license.
This probation period may include community service, drug/alcohol treatment, and other basic conditions.
When facing criminal charges like DUI and DWI, you want an attorney who knows several different defense strategies. Having experience is crucial but being able to individually tailor the strategy to your specific case, and find you the best possible DUI defense options.
Call For a Legal Consultation on Your Maryland DUI Charges
Maryland drunk driving cases can be challenged won. To find out what I can do to help you protect your rights and freedom to drive, call (888) 452-4344.
Call me at (888) 452-4344 for my legal opinion on a defense of you Maryland DUI arrest. My drunk driving case evaluation is free.