These are some of the most commonly reported arguments and ways to challenge and beat DUI or DWI charges in Maryland – various violations of Maryland Law:
1. ILLEGAL STOP IN MARYLAND- a driver cannot be stopped unless the officer has a reasonable and articulable basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
2. WEAVING INSIDE THE LANES - NOT ILLEGAL IN MARYLAND – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
3. ANONYMOUS REPORT by “Citizen” IN MARYLAND – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
4. STANDARD FIELD SOBRIETY TESTING (INACCURATE) IN MARYLAND – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
5. CERTAIN FIELD TESTS MAY BE SCIENTIFICALLY INVALID IN MARYLAND – neither the Federal Government (NHTSA) nor medical science considers the HGN, touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
6. BREATH TESTING MAY BE CHALLENGED IN MARYLAND – many if not all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc. There are ways to challenge the breathalyzer test. There are items of information that can be subpoenaed from the company that manufactured the machine that may be helpful in Maryland. We can also subpoena the formula and other (Software code) information from the company that manufactured the standard sample that is used to “calibrate” the machine. An expert can then use this information to challenge the accuracy of the machine. Many times the manufacturer refuses to turn over the required information, claiming that it is “proprietary intellectual property.” This failure to produce may then become the subject to a Motion to Dismiss. The refusal to turn over the subpoenaed data is prejudicial as the information would be essential to the Defendant’s Defenses and rights.
7. BOOKING ROOM VIDEOS IN MARYLAND – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
8. IN-SQUAD VIDEOS IN MARYLAND – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.
9. FAILURE TO PROVIDE SPEEDY TRIAL IN MARYLAND – If a client is not provided with a trial within a certain period of time, which varies between jurisdiction, through delays of the court or prosecutor, the charges must be dismissed. Generally, the charge must be brought to trial within 180 days of the first entry of counsel. Also, if the State is unprepared and requests a continuance without “good cause,” the Defendant may object and demand a speedy trial. This may force the State to enter a Nolle Proseque. A “Nolle Pros” Is not supposed to be used as a “continuance” by the State. A timely “speedy trial objection” is an essential defense, should the State try to re-charge the Defendant with the same crime in the future.
10. POLICE BLOOD TEST MAY BE INACCURATE IN MARYLAND – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
11. HOSPITAL BLOOD TEST INACCURATE IN MARYLAND – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
12. BREATH TEST OPERATOR UNLICENSED IN MARYLAND – Most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible.
13. BREATHALYZER MACHINE MALFUNCTIONS IN MARYLAND – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
14. BREATH TEST OPERATOR LICENSE EXPIRED IN MARYLAND – Most states require that a Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible.
15. BREATH TEST DEVICE NOT APPROVED IN MARYLAND – A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
16. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE IN MARYLAND – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.
17. INDEPENDENT WITNESSES IN MARYLAND – Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.
18. FAILURE TO MIRANDIZE IN MARYLAND – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
19. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED IN MARYLAND – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
20. OFFICER’S PRIOR DISCIPLINARY RECORD IN MARYLAND – A police officer’s previous disciplinary record can be subpoenaed and used to attack the officer’s credibility.
21. PORTABLE BREATH TEST INADMISSIBLE IN MARYLAND – Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case. This “PBT” is not admissible in Maryland Courts.
22. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED IN MARYLAND – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results even evidential in nature.
23. FAILURE TO CONDUCT OBSERVATION PERIOD IN MARYLAND – Most states (not Maryland) require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.
24. INDEPENDENT EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.
25. MEDICAL AND HEALTH PROBLEMS IN MARYLAND – Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
26. BAD WEATHER IN MARYLAND – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
27. LACK OF PROBABLE CAUSE TO ARREST IN MARYLAND – A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
28. ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.
29. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.
30. POST-DRIVING ABSORPTION OF ALCOHOL IN MARYLAND – The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
31. INTERFERING SUBSTANCES IN MARYLAND – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
32. BREATH MACHINE NOT PROPERLY OPERATED IN MARYLAND – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
33. FAILURES TO PRODUCE DISPATCH TAPES IN MARYLAND – Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.
34. MISLEADING STATEMENTS BY POLICE OFFICERS IN MARYLAND – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.
35. STATUTES OF LIMITATIONS IN MARYLAND – A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.
36. PRIVATE PROPERTY IN MARYLAND – A person who has not driven the car on a public highway cannot be suspended for drunk driving.
37. FAILURE TO DISCLOSE EXPERTS IN MARYLAND – The failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.
38. LACTATE RINGERS IN MARYLAND – When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.
39. FAILURE TO RECORD CERTIFICATION TESTS IN MARYLAND – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
40. FORCED BLOOD DRAWS IN MARYLAND – In some states, the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible.
Additional Information About Maryland DUI LAW
Introduction to DUI and DWI in Maryland:
DUI and DWI charges are subject to the same strict constitutional requirements and right as any other serious criminal case. These charges carry severe possibilities for punishment. Therefore, it is important that you obtain qualified and competent legal representation. If you cannot afford a private lawyer, contact the public defender’s office at once as you may be entitled to free legal representation. Don’t ever wait until the court date to see your lawyer. In order for a defendant to be convicted of DUI or DWI, the State must prove beyond a reasonable doubt as to each and every element of the crime charged. Before even getting to the substance of the crime charged, there may be challenges that can be made to the reason why you were even stopped, searched and/or arrested to begin with. We can also challenge the validity of the Field tests and/or the intoximeter results. That is where we will start in our analysis of your case to ensure that we have exhausted all defenses and avenues of challenging the State’s case and putting the State to its Constitutional proof.
Where the Fight is Fought:
Maryland DUI or DWI arrests must be legally dealt with in two separate arenas.
First, the MVA process (if you are a Maryland License holder). You only have 10 days from the date of arrest to request an MVA hearing with the Office of Administrative Hearings, located in Hunt Valley, Maryland. (you must include a check for $125 with your Hearing Request). If you are arrested for drunk driving or DUI and you do not request the hearing on time, you license will be automatically suspended.
Second is the Court Process, where there are severe consequences possible for anyone charged with drunk driving, DUI or DWI in Maryland.
The call and initial consultations with us are always FREE. Maryland drinking and driving arrests are most commonly known as DUI (driving under the influence) or DWI (driving while impaired). The blood alcohol concentration (BAC) level violating Maryland's DUI or DWI laws were lowered a few years ago; it is now much easier to be convicted of drunk driving in Maryland. A blood alcohol level of .08 or higher will result in a DUI arrest; a blood alcohol level of .07 will result in an arrest for DWI. A knowing refusal to take the breath test can now be admitted into evidence at a DUI trial as consciousness of guilt. Maryland DUI is prosecuted under two different theories: that the defendant is under the influence of alcohol, which is where the driver's normal coordination has been substantially impaired as a result of the consumption of alcohol, or by violating Maryland's "per se" law of driving with .08% or more BAC (blood alcohol level), regardless of driving ability or impairment.
Maryland DUI (driving under the influence) consequences include a minimum driver's license suspension of 45 days, and punishment of up to $1,000.00 and one year in jail for a first offense DUI, and $2,000.00 and two years in jail for a second offense DUI. A Maryland DUI conviction will result in 12 points on the Maryland Driver's License record.
Maryland DWI (driving while impaired), while a lesser offense to a Maryland DUI (driving under the influence) still has very harsh consequences, including a driver's license suspension of up to 60 days, 8 points on the Maryland Driver's License record, up to $500 and two months in jail for a first offense, and up to $500.00 and one year in jail for a second offense. A refusal to take the breath test in Maryland may result in a 120-day driver's license suspension, plus the refusal may be admissible in court against those accused of violating Maryland DUI or DWI laws.DUI and DWI arrests of persons from other states will still require a Maryland MVA Hearing to protect their driving privileges. Maryland is a member of the Interstate Driver's License Compact, which shares information about DUI convictions and driver's license actions with other member states. There are 45 states that belong to this compact.
Maryland DUI or DWI punishment in court for a second or third drunk driving conviction is much harsher than for a first offense: it involves mandatory jail terms, a lengthier alcohol education program, the possibility of a required ignition interlock device, and more. Call me any time to speak to me about what we can do to make this process shorter, easier and minimize the damage. I am experienced and the cost of hiring me are well worth the damage and problems you may avoid. We charge $1,500, for a first time offense for all legal services in the District Court of Maryland (this fee also fully includes the MVA process). Call me a.s.a.p. at (301) 738-7500. If this is an emergency, you may call me on my cell phone at (240) 401-2062.
