Are there any defenses to a DUI charge?

Yes, there are a few defenses to a DUI charge in Maryland. Generally, individuals charged with a DUI must provide evidence that the police officer performed the breath testing procedure correctly and accurately, as well as prove that the machine was calibrated properly. Individuals may also be able to challenge the validity of the stop itself, or the Miranda rights of the individual if the police officers did not read them. In addition, individuals may be able to argue that the breath test results were inaccurate due to a phenomenon called “mouth alcohol.” This occurs when the breathalyzer machine inaccurately reads alcohol in a person’s breath due to things like mouthwash, energy drinks, and other substances, leading to false positives. Individuals may also be able to argue that an error in the coding of the machine caused a false positive. If the officer input the incorrect code into the breathalyzer machine, the test may not accurately reflect the amount of alcohol in a person’s system. If an individual was not impaired, this may be used as a defense against a DUI charge. Finally, an individual may challenge the accuracy of a field sobriety test, citing issues such as the weather, the individual’s health, or the police officer’s bias. This may also be used as a defense if the individual believes they were not impaired at the time of the test.

Related FAQs

What are the consequences of a 1st DUI in the state of Virginia?
What is a chemical test for a DUI?
What are the consequences of a 2nd DUI in the state of Washington?
What is an "implied consent violation"?
Will I have to attend an alcohol treatment program if convicted of a DUI?
What is the difference between a Breathalyzer and a field sobriety test?
What are the consequences of a 2nd DUI in the state of Wisconsin?
What is a "Super Drunk" DUI charge?
What is the legal limit for a drivers under the age of 21?
How do I find out if a person was convicted of a DUI?

Are there any defenses to a DUI charge?

Related FAQs

Related Blog Posts