What Are Common Defenses to a DUI Charge in Maryland?

 Posted on April 29, 2025 in English

Drunk driving can have a devastating effect on your life and the lives of those around you. This is especially true if you are charged with the crime of Driving Under the Influence (DUI). In Maryland, this charge can have serious consequences and should not be taken lightly. Not only does it carry significant penalties, but it can also affect your criminal record, your reputation, your ability to drive, and your future. A DUI charge does not necessarily equal a conviction, and there are viable defenses that an experienced Rockville, MD criminal defense attorney can utilize to help you beat DUI charges. 

Challenge the Traffic Stop

Law enforcement must have a valid reason to stop you. The officer must have had a reasonable suspicion or probable cause that would give enough justification to stop you. If they did not, they may have violated the Fourth Amendment.  If you believe that your stop was illegal because the police officer had no reason to suspect you were doing anything unlawful, you can challenge the legality of the traffic stop. 

Challenge the Police Officer’s Observations

If the prosecution’s evidence relies only on the police officer’s observations of your behavior, you can challenge those observations as biased or false. Even if you failed a Standardized Field Sobriety Test (SFST), which uses physical and cognitive tests to determine if you were impaired, it is important to know these tests are subject to human error. There are reasons you may have failed the test that have nothing to do with being inebriated. For example, you might have balance issues due to an inner ear problem, or you might have taken the test on uneven pavement. In these cases you would have failed the test even though you were not driving under the influence.

Dispute the Breathalyzer Results

In most cases a police officer will do a breathalyzer test to measure your blood alcohol concentration (BAC) to determine if it is above the legal limit for driving. These tests are not fail-proof, however, and there could be problems with equipment calibration, or you may have been unable to properly blow into the testing equipment due to health issues. If there was an error with the test, you can challenge these results. 

Call a Rockville, MD Defense Lawyer for DUI Charges

If you have been charged with a DUI, you need to seek skilled representation as soon as possible. At Salvado Law Offices we understand the seriousness of these charges. Our experienced North Potomac, MD criminal defense attorneys represent clients charged with DUI regardless of the reason for the drunk driving arrest. Call our office at 301-933-1814 for a free consultation on your pending charges.