What are some common defenses to a DUI charge?
When you secure the services of an experienced Annapolis DUI/DWI defense attorney, the planning of your defense begins immediately. I use my knowledge and strategy to determine what’s best for your case. An experienced DUI/DWI lawyer will challenge and contest your charges on several grounds, including:
- The officer didn’t have a reasonable suspicion that you were driving while intoxicated. Police officers can’t pull anyone and everyone off the road. They must have a reasonable basis for believing a driver was drunk. Examples include swerving, speeding, and other traffic violations. If you were traveling according to the speed limit and not doing anything unusual, the police shouldn’t stop you.
- The officer didn’t administer the field sobriety tests properly. There are three specific tests police officers should give initially. Other tests are generally invalid. The instructions for the test must be clear, and the tests must be giving according to standard procedures.
- The officer failed to conduct the breath test properly. Police officers must use authorized breath test machines. They must administer the tests according to specific procedures. If the machines or the ways the tests were given were invalid, evidence of the breath test results should be suppressed.
- The officer didn’t have proper authority to conduct a blood test. In some cases, a driver needs to be taken to a hospital. The police generally need to obtain a warrant to take anyone’s blood.
There may be other defenses too. An experienced DUI/DWI defense lawyer may be able to argue that the officer never saw you driving. For example, the officer may be called to the scene of an accident where the vehicles have already stopped. Other legal and factual defenses may apply.
As an Annapolis DUI/DWI defense lawyer, I work hard to defend your rights and driving privileges both within the court system and before the MVA. I will take your DWI case to trial, if necessary, to avoid a DWI conviction. Alternatively, I may be able to negotiate a fair plea bargain, such as having a DUI reduced to a DWI.
I may also be able to help you get a DUI conviction expunged from your criminal record when possible.