Towson DUI Lawyers
Facing DUI charges can be a very scary experience for anyone. In the blink of an eye, a defendant faces the loss of their driver’s license, a criminal record, the loss of reputation, substantial fines, and potential jail time. If your blood-alcohol content (BAC) level comes back at or above the Maryland legal limit of 0.08%, it might feel like there’s no other choice but to plead guilty. At least, that’s what the District Attorney’s office would like you to think.
The reality is that there are a lot of ways to effectively mount a defense against DUI charges. The experienced lawyers in our Towson office understand all the reasons these charges could be unjustified, and we know how to go about protecting your rights.
Call (410) 755-5801 or contact us online today to set up a free consultation. We also serve defendants in Timonium, Baltimore, and the surrounding area.
How to Defend Against a DUI Charge in Maryland
From the legality of the stop to the accuracy of the test, there are several avenues of defense available to our legal team:
Lack of Probable Cause
A police officer cannot randomly pull a driver over, unless it’s at a designated sobriety checkpoint that has been announced to the public. Otherwise, the officer needs probable cause, which is the reasonable belief that a crime has been, or is being committed.
What would be examples of probable cause in a DUI case? If a driver is swerving, even a little bit, that could be justification for making the traffic stop. If the driver committed some other traffic violation, that is justification for making the stop.
Probable cause also applies to what takes place after the stop is made. An office must have a valid reason to order a breathalyzer test. If the driver failed the field sobriety test, that would be considered probable cause. If there is a slurring of words or open containers, that could justify ordering a BAC test.
It’s worth noting that in Maryland, drivers have the right to refuse these tests. However, refusal can carry consequences, including suspension of driver’s license, Ignition Interlock, and more.
The police are obligated to record the traffic stop. One possible avenue of defense is to review the recording of the entire stop, including the field sobriety test, and see if probable cause really did exist.
While the threshold for probable cause is not high, there has to be some reason for the original stop and the subsequent sobriety test. If that reason doesn’t exist, then all the evidence obtained is inadmissible in court.
What Sets Us Apart
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Thousands of Happy Clients
Our attorneys have successfully served thousands of clients, delivering personalized and effective legal solutions.
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Former Prosecutor Experience
With Mike LaFleur’s background as a former prosecutor, we bring unique insight into both sides of the law, giving us a strategic edge.
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Wide Range of Services
Our firm offers a wide range of experience across criminal defense, family law, personal injury, and estate planning, ensuring comprehensive legal support for your needs.
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Teamwork With A Track Record
At Alex and LaFleur, our strong teamwork and collaboration comes with a consistent track record of success, delivering positive outcomes for our clients,
With experience on both sides of the court system, we're prepared for whatever direction your case takes. Contact us today to get started.
Inaccurate Breath and Blood Tests
The breathalyzer equipment and the blood tests are not infallible. Several factors could cause them to render what are called “false highs” on BAC levels. These include situations that are part of normal, everyday life for many people.
A prime example is the kind of food being consumed by the driver. Sugar and bread products can create a false high on a breath test. Did you eat cake with that glass of champagne? Did you have pretzels with the beer you drank? That could be the reason your BAC level came out higher than it should of.
Ordinary medications and health conditions can also trigger false highs. Mouthwash can do the trick. Acid reflux can make it appear to a breathalyzer machine like you drank more than you really did. These are just two of the most common examples.
When you take a blood test, the needle will likely have been cleaned with alcohol prior to drawing the sample. Suffice it to say that if not done properly, this could impact the result. This underscores the importance of law enforcement following proper procedures in the administration of these tests.
