It is law enforcement officers’ job to ensure that drunk motorists are kept out of the roads. But, just like everyone else, it is not unusual for the police to make certain mistakes during the course of their work.
The penalties for a DUI conviction in Maryland can be quite severe. If you are arrested for DUI in Maryland, it is in your best interest that you exploit every defense option available at your disposal.
Here are police mistakes that you can bring up during your DUI defense.
Stopping you without a probable cause
The police must have a valid reason to stop and investigate you for drunk driving. Meaning, the police cannot pull you over on the basis of the mere assumption that you are operating a motor vehicle while intoxicated. Some of the valid reasons the police might pull you over include driving through a red light, reckless driving, exceeding the designated speed limit or swerving in and out of your lane while driving.
Writing an inaccurate arrest report
A law enforcement officer can make multiple DUI arrests in a week, or even in a single night. While the arrest report is not necessarily required in court during the trial, it serves to refresh the officer’s memory when testifying against you. If the police do not write an accurate report during the arrest, they are likely to give an inconsistent account of the circumstances that lead to your DUI arrest and booking. You can take advantage of these inconsistencies to defend yourself and have your case dismissed on a technicality.
Improper test administration
Once an arrest has been made, the police will administer a Breathalyzer test to determine your blood alcohol content (BAC) level. To give an accurate result, the test must be administered properly. Meaning, the Breathalyzer equipment must be properly calibrated and the officer must have the proper training to administer the test. If the officer did not have the right skills to administer the test, then you can challenge the test result that they have presented against you.
Just because you have been arrested for DUI does not mean that your goose is cooked. Find out how you can defend yourself and have your DUI charge either reduced or dismissed.