Defenses in a DUI Case

Many legal defenses can be attempted in a drunk driving case. As with most legal matters, each of these different strategies is specifically appropriate—or inappropriate—to a particular case. If you face a legal issue regarding a DUI case in Maryland, contact a DUI law firm to see which defense makes the most sense for you.

• It is not enough to be intoxicated and in a car to be convicted of DUI. The police must prove the suspect was either driving the vehicle or in a position to operate the vehicle. This can be hard, especially in the case where no witnesses can attest to who was operating the vehicle.
• Probable cause. A court can dismiss evidence obtained when a police officer did not have probable cause to stop, detain or arrest the suspect. Roadblock cases often fall in this category.
• If a police officer failed to read the proper Miranda warnings to the suspect, any evidence obtained via that stop may be suppressed.
• Implied consent warnings. If the police officer did not warn the suspect of the implications of refusing a field sobriety test, this can affect any legal cases or license suppressions stemming from the case.
• The opinion of a police officer regarding whether or not a suspect was under the influence of alcohol can be questioned, especially if witnesses are present who believe the suspect was sober.
• Many problems exist with field sobriety tests. Many breathalyzers, for example, register chemical compounds that may be found on human breath that are not alcohol. Radio interference can also negatively impact readings, and all field sobriety equipment must be properly maintained in order to be admissible in court.
• Any field sobriety test is inaccurate if administered during the absorptive phase, which generally occurs within 45 minutes of taking a drink. It can also be difficult to extrapolate the results of a field sobriety test back to the time at which the alcohol was consumed.

DUI law firm

The law firm of Houlon, Berman, Bergman, Finci, Levenstein & Skok is proud to hold a Martindale-Hubbell® Peer Review Ratings™ certification of AV®. We can assist with criminal and traffic law in Maryland,  including Rockville, Greenbelt, College Park, Upper Marlboro and the District of Columbia. Please contact us today for a free consultation.