If the police pull you over because they suspect that you are under the influence of alcohol, you could wind up arrested and charged with an offense. Both driving while impaired (DWI) charges and more serious driving under the influence (DUI) charges can result in fines, the loss of your license and a criminal record.
Many people believe that impaired driving charges like DUI offenses are open-and-shut cases because the state usually has chemical evidence. However, it is possible for those facing an impaired driving charge in Maryland to defend themselves and avoid a conviction. There are multiple ways for people to develop a DUI defense strategy.
Sometimes, there’s a medical explanation
There are numerous medical conditions that police officers might mistake for chemical impairment. If you have a speech impediment or a musculoskeletal condition that affects the smoothness of your gate, officers may have mistaken the way you spoke or walked for signs of impairment when really it was a symptom of a pre-existing medical condition.
Those with blood sugar conditions, as well as those trying out trendy diets like the keto diet, could slip into a state of ketoacidosis, which might result in a fault positive on a breath test.
Other times, people can show that the officer didn’t conduct testing properly
There are certain standardized tests that officers usually perform as part of a field sobriety test, including gaze tests, walk-and-turn tests, memory tests and balance tests.
If a police officer plays fast and loose with the field sobriety testing process or if there is some kind of problem with their certification for chemical breath testing, you may be able to challenge and exclude those test results from the court proceedings.
Some people can show that an officer pulled them over for the wrong reason
In order for a traffic stop to proceed to a field sobriety test or a chemical breath test, the officer has to have a valid reason for stopping the vehicle in the first place. A driver who believes they were the victim of racial profiling or an officer with a previous, personal grudge may be able to challenge the traffic stop and exclude the evidence that the officer gathered.
In addition to these three common options, there may be other options, such as challenging the validity of a chemical breath test. Only by carefully reviewing the situation leading to your arrest can you determine what defense strategy might work for you.