Driving under the influence of alcohol or drugs (“DUI”) is a crime in Maryland, with defendants facing jail time, fines, and suspension of driving privileges if convicted. There are also a number of other non-governmental consequences that can be caused by a DUI conviction, such as impacts on schooling, where you can rent an apartment, impacts on your social life, barriers to professional certifications, and more. For all these reasons, if you have been arrested for DUI or driving while intoxicated (“DWI”), it is important to consult with experienced and proven Maryland criminal defense attorneys. Aside from potential defenses, good criminal defense attorneys can attempt negotiating a plea bargain for first time offenders that, for example, might result in a different set of charges that avoid the most severe consequences of a DUI. If you have been arrested, call the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We are St. Mary’s County, MD., criminal defense lawyers with offices in Waldorf, Maryland. In this article, we discuss some of the more commonly used DUI criminal defenses.

Errors and Flaws in the Initial Traffic Stop

When a person is “pulled over” for a traffic stop on suspicion of DUI, certain legal requirements must be met under the Constitutional Protections provided by the Fourth Amendment. For example, there has to be, at minimum, a “reasonable suspicion” that a crime has been, is being or will be committed. In other words, the police cannot “just pull you over.” If the police cannot show that “reasonable suspicion,” then whatever evidence gathered at the traffic stop will be excluded from use at your trial. When that happens, often, it means that there is no evidence of the crime, and the prosecutors have little choice but to dismiss the charges.

Errors and Flaws in Police Procedures

In a similar manner, the police have various procedures that they have to follow after an arrest. For example, the police take machine sobriety tests, which involve breath, urine, or blood tests. These tests have to be handled accurately. For example, the samples have to be labeled correctly and tracked through the various storage and shipping stages. Otherwise, your sample might get mixed up with someone else’s sample. This is generally called the “chain of custody.” So, one possible defense is to challenge the chain of custody. Violation of other police procedures might also be challenged.

Inaccurate Sobriety Tests and/or Analyses

Another possibility is to challenge the legitimacy of the machine tests for blood alcohol levels. Was the machine cleaned before it was used to take and/or analyze your samples? If not, then the tests and/or results might be contaminated with the samples from another defendant.

False Positives Impacting the Test Results

It is known that various substances and medical conditions can result in false positives with regard to the testing and lab results. For example, cough syrups and other cold medications can sometimes give a false reading with respect to blood alcohol levels.

Other Potential Defenses

Depending on the facts, there may be some other potential defenses, such as lack of proof that the arrested person was “operating a motor vehicle” or lack of proof of intent (such as proof that the arrested person was accidentally or unknowingly intoxicated).

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.