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Can challenge these two things in a Maryland DUI charge?

On Behalf of | Jan 16, 2023 | Drunk Driving

A DUI conviction can be incredibly worrying, especially if you believe you did nothing wrong.

It might feel too difficult and perhaps pointless to contest a police officer’s word. However, there are instances when police officers make mistakes and the equipment they use malfunctions.

Here are two pieces of evidence you can use when disputing a DUI charge:

The roadside breath test 

Police officers and prosecution rely heavily on the results of a roadside breath test to prove that you were over the blood alcohol limit while driving.

The problem with these tests is that they can vary in levels of accuracy. Certain medical conditions and even the recent use of mouthwash can give a false positive. Outside of these factors, the machine needs to be used properly and the evidence obtained should be handled in the right way. 

There is the possibility that the machines used in carrying out these breath tests are not maintained properly and a failure to properly record and store the results allow for the opportunity to challenge the test’s validity. 

You can challenge the police’s evidence 

The prosecution’s burden is to establish your guilt beyond a reasonable doubt. The police officers’ testimony, which was taken while they were on the scene, will be used by the prosecution, therefore it is crucial to their case.

The police report will detail all the circumstances of the arrest, including what the officers saw on the site. The fact that you were kind, helpful, and behaved normally when you were stopped is also excellent evidence if the police officers recorded your behavior on body-worn cameras.

All of these facts are frequently contestable, and if the defense can demonstrate contradictions, the case may be dismissed.

It might be challenging to fight a DUI on your own. You may ensure that you build the strongest possible defense to the charge with early legal help.