10 Ways to Beat a DUI in Maryland by Attorneys

Experienced DUI Attorneys Helping You Fight Drunk Driving Charges in Annapolis, MD

A DUI or DWI conviction has sobering consequences. Being charged does not necessarily mean you will be convicted, especially with an experienced attorney from Henley & Henley, Attorneys at Law representing you. During our 50+ years of combined experience, we have successfully beat criminal charges for clients throughout Maryland, and we will use the knowledge we have gained during that time to poke holes in the case against you. If we cannot get your charges dropped, we will advocate fiercely for your rights to reach the most favorable outcome possible.

There are several viable defenses we may use to help you beat drunk driving charges. We will build defense strategies customized to your situation, so the specific approach we take in your case might include other ways to avoid a conviction. Some of the most effective ways to defend against DUI charges include:

1. Explain That Your Driving Behaviors Were Due to a Different Cause

An officer should have had a reasonable suspicion that you were impaired before they pulled you over. Impaired drivers usually drive erratically, doing things like drifting across multiple lanes of traffic, changing speeds unpredictably, and making sudden maneuvers. However, impairments due to alcohol or drugs are not the only reasons drivers might make these errors. Significant stress, an illness or recent injury, sneezing, and vehicle problems could cause the same behaviors.

2. Challenge Your Traffic Stop

If you were not driving erratically or doing anything else to give the officer a reasonable suspicion that you were impaired, your traffic stop might have been illegal. If so, we will challenge it, which could result in your charges being dropped.

3. Question Whether the Officer Had Probable Cause to Arrest You

When an officer pulls a person over, he or she is trained to look for signs of impairment, such as bloodshot eyes, slurred speech, and the odor of drugs or alcohol in a car or on a person's breath. They often ask drivers to perform field sobriety tests, although participation in these tests is strictly voluntary. We can argue that you did not exhibit any impairment, which could invalidate your arrest.

4. Dispute the Arresting Officer's Observations

The evidence against you might rely solely on a police officer's observations of your behavior, and those observations may have been incorrect or purposefully skewed. There are many reasons that sober people fail field sobriety tests, such as inner ear problems that affect balance, having a migraine, cognitive challenges, and uneven pavement. When we can exclude field sobriety test results, there may not be enough other evidence to convict you for DUI or DWI.

5. Challenge the Accuracy of Breathalyzer or Chemical Test Results

Your blood alcohol concentration (BAC) level is a key part of DWI or DUI charges. Various situations could make the results of chemical tests used to determine your BAC inaccurate, such as improperly calibrated equipment. You may have asthma and were unable to blow into the Breathalyzer correctly, or the officer might not have explained the process fully. We will attempt to exclude inaccurate tests from the evidence that can be used in your case.

6. Expose Procedural Chemical Testing Errors or Police Misconduct

There are multiple procedures that officers should follow when making a DUI traffic stop and arrest. There are also protocols for chemical testing. If procedural errors, such as failing to read Miranda rights or not following chemical testing protocols, were made, we can use that to help your case. In addition, police misconduct, such as intimidation or racial profiling, can result in a dismissal of your charges.

7. Argue Necessity

Sometimes, people who would not normally drive while impaired are forced to do so in an emergency. You may have been trying to receive immediate medical attention, or you may have been fleeing from someone who was trying to harm you. If you had no choice but to drive after drinking or using drugs, we can find evidence to support your claim and use it in your defense.

8. Contest a Search of Your Vehicle

Police officers must have your consent or probable cause to search your vehicle or person during a DUI traffic stop. They do have the right to visually examine the area surrounding the driver, so an open container in plain view could give them probable cause for searching the rest of your vehicle. If officers overstepped their authority, we can use that to exclude evidence.

9. Provide Evidence Showing You Were Sober

Suppose you left a get-together late at night and were pulled over and charged with DWI or DUI on your way home. The other attendees can testify on your behalf, saying that you were not drinking or doing drugs. Photos, videos, police dash cam footage, and other forms of evidence could also support your sobriety. We will look for supporting evidence.

10. Negotiate With the Prosecutor

In some cases, negotiating a plea bargain with the prosecution is the best way to resolve your case. The deal might be reduced charges or other alternatives that are better than a conviction. Our attorneys are prepared to defend you at trial, but we may recommend a plea deal if we believe it serves your best interests.

Call a Dedicated Annapolis, Maryland DUI Defense Lawyer

If you hope to beat your Maryland DUI or DWI charges, you need effective legal counsel. Henley & Henley, Attorneys at Law, provides exceptional representation to give you the best chance of winning your case. Call us at 410-280-0530 or contact us online today for your complimentary case review.