DUI Defenses, a Few More

Every DUI case is unique.  It has its own set of facts along with its own set of actions by the officer and specific circumstances of the individual being charged.  It is imperative that you get the best DUI lawyer possible for the best possible defense.  As your lawyer listens to your case, here are a few different issues that your lawyer will consider as they decide how to defend you before the court.

 

1.    BAC Test admissibility:  You lawyer will want to know what tests were administered to determine your BAC (often just a field sobriety test and/or breathalyzer, though blood tests might also be taken).  He or she will also want to know HOW those tests were administered.  Often these tests are given incorrectly, casting doubt on the reliability of the information they produce.  Further, depending on the type of test you were given and the circumstances surrounding that test (the machine model, etc), you can often question the accuracy of the machine altogether.

2.    Lack of Probable Cause: An officer must have “probable cause” before they can pull you over on suspicion of DUI.  Sometimes the police will pull you over based on a slight traffic violation (such as changing lanes without a signal), in order to approach you in your car and then look for other signs.  While they can legally pull you over for these infringements, if they do not have other good evidence (such as slurred speech, erratic driving, etc) they cannot arrest you or administer a BAC test.  If the officer violates this rule, the charges may be dropped.

3.    Medical and Health Problems:  Medical and Health problems may contribute to an officer believing that you are driving under the influence.  They may also have very significant effects on any BAC test that is administered to you.  Be sure to talk to your DUI lawyer about any significant health problems you have.

4.    Other: If the court (judge or jury) is not convinced beyond a reasonable doubt of your guilt, you cannot be convicted.  Additionally if there is some misconduct by the arresting officer or fi the officer simply doesn’t show up for the hearings, there is a possibility that your charges could be reduced or dropped altogether.

Defending a DUI charge can be very complex and the questions that can be asked in order to present the best possible case may not be immediately apparent to all lawyers.  For this reason, it is important that you get the best Baltimore DUI Lawyer on your side.  Never defend yourself in court.  It is always to your advantage to find a competent advocate that has experience in defending the kind of case that you are facing.