Premier defense attorney Charles Ware is recognized and ranked by his many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed and awarded by The American Institute of DUI and DWI Attorneys [AIDUIA]. For an initial courtesy consultation, call defense attorney Charles Ware at (410) 730-5016 or (410) 720-6129, or email him at charlesjeromeware@msn.com. He can help you. Guaranteed.
A conviction for driving under the influence (“DUI”) can result in the loss of your license, driving restrictions, fines, community service, probation, and even jail time. However, there are steps you can take to get the charges reduced or to beat a DUI conviction and be acquitted, or found not guilty, of the charge
Defenses for use during trial of your case:
1. Challenge the traffic stop. In order to stop a driver, an officer must have a “reasonable and articulate basis” to believe that a traffic or other law has been, or is being, violated. In other words, you need to have violated a law of the road in order for the police officer to pull you over. If the traffic stop is found to be unreasonable, any evidence obtained as a result of the stop will have to be ruled inadmissible in Court. Without any evidence that you committed a crime, the prosecutor will likely drop the charge against you.
2. Challenge the officer’s suspicion that you were under the influence of drugs or alcohol. In order to establish reasonable suspicion that you were under the influence of drugs or alcohol, the officer will need to say that he or she smelled alcohol, that your speech was slurred, and/or your eyes appeared to be bloodshot. If you can establish that a medical condition, medication, allergies, or mouthwash caused the alcohol smell, slurred speech, or bloodshot eyes, you may be able to have any field sobriety, breathalyzer, or blood test results ruled inadmissible in Court.
3. Challenge the field sobriety tests. Probable cause for the administration of a breathalyzer or blood alcohol test or arrest is established when a suspect fails the field sobriety tests. However, the results of these tests can be prevented from being admitted as evidence in Court, if you can establish that the tests were not valid field sobriety tests or that the results were inaccurate.
4. Challenge breathalyzer results. Breathalyzer equipment must be used and cared for properly. The devices must be calibrated and tested according to manufacturer instructions and standard procedures. Many departments may be using outdated equipment for which replacement parts are no longer made. These outdated machines can be both unstable and unreliable.
5. Challenge the blood test results. Blood alcohol tests must be done following specific rules and procedures. If the hospital or a law enforcement officer fails to follow the proscribed procedure, the results may be found inadmissible in Court.
6. Question the constitutionality of the roadblock or DUI checkpoint. In rare cases, the checkpoint or roadblock set up by police officers may be illegal to begin with. In these cases, even if you are intoxicated and driving, the Court may throw out the case. It's best to partner with a lawyer who is versed in roadblock cases to get charges dropped this way.
7. Question an officer's failure to mirandize. You hear it in the movies all the time — "You have the right to remain silent...." This is known as Miranda rights, after the landmark Supreme Court case. If the officer who detains you fails to read you your Miranda rights, you may have an out.
8. Question the voluntariness of your breath test. If a breath test was coerced from you instead of voluntarily given, you can start building the beginnings of a case against the DUI. For the law to recognize the legitimacy of the breath test, it cannot be coerced involuntarily or administered under duress.
9. Warnings
- In some states, refusing to take a breathalyzer is a crime for which you can be sentenced to jail. In other states, a driver who refused a breath test may lose his or her driving privileges for up to 180 days.
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