If you are facing a DUI charge in Maryland, it is important to understand the defenses that may be available to you. There are many different factors that can affect how a defense will play out in court, and understanding these defenses can help you create a strong case.
The police officer did not provide sufficient guidance or instructions
Usually, the police officer must provide specific instructions on how to perform a field sobriety test. These include telling the driver that they can refuse to take the test, and providing clear instructions on how to perform each task. If the officer did not do this, then your attorney may be able to argue that the test was not valid.
The field sobriety test was not conducted properly
There are specific standards that must be met when conducting a DUI test. One of them is that the test must be conducted on level ground. Additionally, the officer must give the driver adequate time to complete the task and must not provide any verbal cues or physical assistance. If they did not meet such standards were not met, then you may get acquitted.
The officer did not read you the Miranda Rights
The officer must read you the Miranda Rights before they can question you about the incident. If they did not do this, then anything you said to them may be inadmissible in court.
The breathalyzer test wasn’t calibrated properly
The machine needs to be properly calibrated in order for the results to be accurate. You can know if it was calibrated recently by looking for a sticker that has the date on it. If it wasn’t, or if you don’t know when the last calibration was, then your attorney may be able to get the results thrown out.
These are just some of the possible defenses to a DUI charge in Maryland. If you get charged with driving under the influence of alcohol, consider the facts of your case and try to see if any of these defenses may apply to you.