One of the primary ways to get a DUI/DWI dismissed in Maryland is by challenging the evidence presented against you. This involves scrutinizing every aspect of the evidence-gathering process and identifying any potential weaknesses or irregularities that could undermine the prosecution’s case.
Legality of the Traffic Stop
One crucial area to examine is the legality of the initial traffic stop. Law enforcement officers must have a valid and reasonable suspicion that a traffic violation or criminal activity has occurred to justify pulling over a driver. If the stop was conducted without proper justification or in violation of your constitutional rights, your attorney may be able to argue for the dismissal of any evidence obtained as a result of the illegal stop.
Accuracy of Field Sobriety Tests
Field sobriety tests, such as the horizontal gaze nystagmus, walk-and-turn, and one-leg stand tests, are often used by law enforcement officers to assess potential impairment. However, these tests can be subjective and influenced by various factors, including the officer’s lack of proper training, environmental conditions, or the presence of underlying medical conditions or disabilities.
Your attorney may challenge the accuracy and validity of the field sobriety tests by questioning the officer’s administration of the tests, analyzing any video footage of the tests, or presenting evidence of conditions that could have affected your performance.
Reliability of Breathalyzer or Blood Test Results
Breathalyzer and blood tests are commonly used to determine an individual’s blood alcohol concentration (BAC) level. However, these tests are not infallible, and their results can be affected by various factors, including:
- Improper calibration or maintenance of the breathalyzer device
- Presence of certain medical conditions or substances that can interfere with the test results
- Improper handling or storage of blood samples
- Errors or contamination during the testing process
Your attorney may request access to the maintenance and calibration records of the breathalyzer device used in your case, as well as the chain of custody documentation for any blood samples. If there are any irregularities or potential sources of contamination, your attorney may be able to argue for the exclusion or dismissal of the test results.
Additional Factors to Consider
In addition to challenging the legality of the traffic stop, the accuracy of field sobriety tests, and the reliability of breathalyzer or blood test results, your attorney may also scrutinize other aspects of the evidence-gathering process, such as:
- Statements or observations made by the arresting officer
- Video or audio recordings from the scene
- Witness testimony
- Potential Miranda violations or other constitutional rights violations
By thoroughly examining and challenging the evidence presented against you, your attorney may be able to identify significant flaws or irregularities that could potentially lead to the dismissal of the DUI/DWI charges.
It’s important to note that challenging the evidence is a complex legal process that requires the expertise of an experienced DUI/DWI attorney. Your attorney will carefully review the details of your case, gather all relevant evidence, and develop a comprehensive strategy to challenge the prosecution’s case effectively.
