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Terenzini & Lucero, LLC

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5 possible defense strategies for a Maryland DUI charge

On Behalf of | Jul 14, 2023 | Criminal Defense, DUI/DWI |

Drinking and driving do not mix, but when they do, a driving under the influence (DUI) charge in Maryland can result in criminal penalties and license sanctions. To prevent the possibility of succumbing to a life of crime, you must seek your right to legal counsel to help you build a strategic course of action appropriate for your circumstances.

If arresting authorities deprived you of your right to representation, this may be your first possible defense. The prosecution, on the other hand, may argue that your receipt of counsel would have disrupted the DUI investigation. If they fail to establish a logical basis for possible interference, the court may grant the motion filed by your legal representative to suppress evidence.

But suppose you immediately received support from a legal team. In that case, you can work with them in identifying all angles and issues to build a solid defense strategy. 

Possible DUI defenses

All details from the moment you were in contact with the police up to the investigation process can serve as significant starting points in developing the following defenses:

  • No reasonable and articulate suspicion: Police officers cannot just ask you to stop or pull over without a reasonable and articulated basis. They must properly communicate your specific traffic law violation.
  • Unlawful search and seizure: Police officers cannot search your car and seize evidence without probable cause.
  • No physical control of the vehicle: It is possible that you were merely within the vicinity of your stationary vehicle with no access to physically operate it in any way or form.
  • Inaccurate tests: The equipment used to conduct the breath or blood alcohol tests may be malfunctioning. There may also be improper administration of the field sobriety test within National Highway Traffic Safety Administration (NHTSA) guidelines. Both instances may generate inaccurate results.
  • Procedural issues: The police may have inconsistent statements in their documentation and during court proceedings.

Maryland’s impaired driving laws also consider whether you are underage, or if you have prior DUI convictions, to assess the severity of your crime and its corresponding penalties.

A solid grasp leads to a personalized approach

Your legal team plays a crucial role during these difficult times. Preventing a DUI conviction entails that they have a solid understanding of all relevant laws, factors and proof. This way, they can calibrate an approach unique to your case.

Terenzini & Lucero, LLC.

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