Facing a driving under the influence (DUI) charge can feel overwhelming. You are looking at strict court dates and license suspension concerns that can cause significant stress. It is normal to want to challenge the charge if you feel you have the grounds to do so. Depending on the facts, a lawyer may be able to help you with the process.
Challenging the evidence
Maryland’s courts follow strict procedural rules. Your defense will depend on technicalities found during the investigation phase. These include:
- Reasonable suspicion: If the officer pulled you over based on an anonymous tip or a minor equipment violation that was not actually a violation, the stop is illegal. A judge can throw out any evidence the officer finds during that stop.
- Standardized Field Sobriety Tests (SFSTs): These must follow National Highway Traffic Safety Administration (NHTSA) standards. If the officer did not clearly show you how to do the Walk-and-Turn or One-Leg Stand, the test results might not be reliable.
- The “Advice of Rights” (DR-15): An officer must read your rights before asking for a chemical test. If the officer does not explain the consequences of refusing, you can ask the court to throw out the administrative penalties. The office needs to let you know that refusal can result in a 270‑day license suspension for a first offense.
If these issues raise doubts, prosecutors have a weaker case. If you do not challenge the charges, you may face harsher penalties.
Protect your future by challenging your charges
A DUI conviction can bring fines, possible jail time and long-term personal and professional effects. So consider working with a local, experienced lawyer who can review evidence and deadlines that may reduce your risk. Do not hesitate to find a professional who can advocate for your rights.