Ensure You Obtain the Best Possible Outcome for Your Case
Are you facing drunk driving charges? Did you know you have specific rights that must be adhered to before and after your arrest? If your rights are ignored at any time, your DUI/DWI charges may be minimized or dismissed entirely. The prosecution has to prove two things in order to convict you of a DUI/DWI offense—you were operating a vehicle or in actual physical control of a vehicle and either happened while you were under the influence or impaired. They are multiple ways to go about defending against the prosecutions attempt to prove each of those elements.
There are various defenses available to defending against DUI charges related to:
- Driving behavior
- The Arrest
- The Officer's Testimony About Your Behavior
- Breath Test or Blood Test
If you are facing drunk driving charges, it is vital you hire an experienced Prince George's County DUI lawyer to ensure the necessary steps are taken to defend your DUI/DWI charges.
Information Regarding Potential DUI/DWI Defenses
If you were not driving the car when you were approached for DUI/DWI, it's possible that the prosecution may not be able to prove the case against you. For example, if you were sleep in the backseat of your idling car while your is parked in a parking lot and a police officer approaches your vehicle, they did not actually witness you driving, and therefore, it may be possible that the prosecution would not be able to prove the case against you. If the police officer did not have a legal reason to pull you over for DUI/DWI or did not follow the proper procedure to charge you, your charges can also be minimized or dropped. Not following the proper procedures can include not reading you your Advice of Rights or conducting an unlawful traffic stop of your vehicle. An unlawful traffic stop is one that is not supported or based upon probable cause or a reasonable articulable suspicion.
The arresting officer's testimony about their observations and your behavior can also be used in attempts to prove you guilty of DUI/DWI. However, there are ways to challenge their testimonies. For example, if they claimed your eyes were bloodshot or you were walking erratically during a field sobriety test, you may counteract their statements by offering evidence that you have a physical impairment or had bloodshot eyes due to allergies, lack of sleep, or contacts. Witnesses may also be useful in combating the testimony of an arresting officer. If individuals can testify you did not drink prior to driving your vehicle or appeared to be sober while driving, this can also help debunk the arresting officer's testimony. A lot of police vehicles now are outfitted with cameras which visually and audibly record the events of the traffic stop. It's possible that such a video, if it exits may also be used to combat the officer's testimony.
Defenses Against Field Sobriety and Chemical Breath Tests
While field sobriety and chemical breath tests may seem ironclad in proving DUI/DWI, there are various defenses that may possibly be used in your case, depending on your circumstances.
Said defenses can include:
- Failure to Provide Proper Instruction and Demonstration of SFST
- Testing During the Absorption Phase
- Challenging the Accuracy of the Results
- Administration of the Chemical Test
- Consumption of Food or Medication
If your attorney can successfully challenge your field sobriety and breath test, your test results may be deemed inadmissible at trial—meaning they cannot be used against you to prove your guilt.
If you are facing DUI/DWI charges and wish to ensure you receive the best possible outcome for your case, speak with a Prince George's County criminal defense lawyer today. Our firm offers free case evaluations and is ready to help defend you in court. Please contact Gracia & Mintz today for unparalleled legal representation and assistance!