Maryland DUI Defense: Options When Charged

Maryland DUI defense options hinge on the case-specific elements of each individual DUI arrest, including the traffic stop incident to arrest, the methods used by law enforcement to obtain grounds for arrest, and the evidence gathered following arrest leading to formal criminal charges. In short, without representation from legal counsel from the onset of arrest, a defendant is at a severe disadvantage in future criminal defense attempts.

Addressing Impending Administrative Penalties in Maryland

DUI arrests in Maryland require drivers to not only address the impending criminal charges, but also, the administrative penalties already occurring immediately following arrest. Within ten (10) days following arrest, resident Maryland drivers must schedule an administrative hearing, otherwise their license will be automatically suspended for at least forty-five (45) days up to ninety (90) days for offenders with a BAC of .15 or higher, and significantly longer for repeat DUI offenders or those arrests involving refusal to submit under implied consent laws.

Maryland DUI Defense: Plea Options

Generally speaking, a defendant will at least initially plead not guilty to any criminal charges at the initial arraignment, as well as at any ensuing juncture, unless otherwise on the advice of legal counsel. For defendants, the two main plea options include not guilty or guilty.

• Most jurisdictions have a running, standard plea deal available for first time DUI offenders charged with a single DUI offense. These plea deal often prevent incarceration, less the initial police booking process, but often involve prolonged probation periods and costly other conditions to complete a sentence. The alternative sentence imposed via a plea deal may or may not dismiss a criminal conviction. Any plea deal should be brokered via legal counsel, who can understand and communicate the implications of any conviction.

• Not guilty pleas indicate the willingness to work towards a dismissal, at for now. At any point during a criminal case, a defendant can enter a guilty plea, assuming the prosecutor still offers any form of favorable deal for the plea.

• In a limited number of cases, a nolo plea in lieu of a guilty plea may be advisable in light of case-specific circumstances, such as DUI cases stemming from accidents with potential civil litigation in the future.

Maryland DUI Defense Methods

Should a defendant enter a not guilty plea and wish to contest the prosecutor’s case, having legal counsel will prove instrumental in implanting any number of following common DUI defense methods employed in Maryland DUI cases, including:

• Any criminal charge hinges on the prosecutor’s ability to present evidence that indicates a defendant’s guilt per the requisite legal standards. Without sufficient admissible evidence, a criminal case will likely be dismissed, and in turn, virtually all DUI defense methods hinge of making the prosecutor’s evidence inadmissible.

• Though not necessarily required, virtually all DUI cases hinge on the BAC sample extracted from a defendant at the time of arrest. Contesting the admissibility of the sample, including defense claims probing the legality of the sample draw, the accuracy of the sample itself, the accuracy of the testing devices, the chain of custody of the evidence, and the legal viability of the testimony methods are all common defense tools. While law enforcement officer testimony of impairment is admissible, this testimony alone is often woefully insufficient without other additional evidence, such as the BAC sample.

Getting Legal Help with Maryland DUI Cases

Aside from the aforementioned defense methods, a wide number of case-specific defense opportunities may arise once a criminal defense lawyer has reviewed all the elements and events of your DUI arrest and ensuing criminal case. For more information and insight into possible DUI defense strategies in your case, consult with a Maryland drunk driving defense lawyer to learn more.