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Can I Beat a DUI/DWI Charge in St. Charles County, MD?

By Law Office of Robert Castro, P.A.
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Depending on the facts of your case, yes, it is possible to beat a DUI/DWI charge in St. Charles County Maryland. You will need the help of an experienced DUI/DWI criminal defense team like the ones at the Law Office of Robert Castro. If you have been arrested and charged with DUI/DWI in Waldorf, MD, call us at (301)705-5137. There are many possible legal defenses to a Maryland DUI/DWI charge. Again, whether the defenses will succeed depends on the facts and there are no guarantees. Some of the defenses are discussed below.

Background

Maryland has two levels of crimes that involve driving while impaired. The lower level is driving while impaired (“DWI”) involving driving with a blood-alcohol content (“BAC”) ranging from 0.04% to not more than 0.08%. The more serious criminal offense is driving under the influence (“DUI”) which occurs if the BAC is 0.08% or greater. When Maryland law enforcement officers pull a driver over for possible DUI/DWI, generally two tests are done — a field test and a chemical analysis that begins at the police station. The more relevant test is the one conducted from blood and other fluids taken at the police station. Note that there are other standards for other substances that might impair your driving. Note further that even legal prescription drugs can impair driving and criminal charges can be pressed if your driving was impaired by those substances.

Legal Defenses to DUI/DWI Charges in Waldorf, Maryland

As noted, there may be several legal defenses that can be asserted against a DUI/DWI charge in Waldorf, MD. Here are a few examples:

  • The stop was invalid — When a driver is “pulled over” by law enforcement on suspicion of DUI/DWI, the law enforcement officers must have had a “reasonable suspicion” that the driver was impaired. That is a low standard, but it must still be met. If the facts show that the stop was not reasonable, then the charges could be dismissed.
  • The subsequent search/arrest was not based on “probable cause” — As noted, to have legally pulled you over, there must have been “reasonable suspicion.” After that, the law enforcement officials need a bit more — something called “probable cause.” Thus, for example, probable cause is needed to require a field sobriety test or search the car for evidence of alcohol or drugs. If there was insufficient probable cause, the charges could be dismissed.
  • The breath test results are invalid or contaminated – the BAC levels are based on various lab tests that are on machines (often at a different location where the blood and other fluid was drawn). It sometimes happens that those test results are invalid or contaminated. If so, the charges could be dismissed since the test results could be inadmissible at trial. Chain of custody may also be a defense here.
  • Arrest procedures were not followed – when arresting a person, law enforcement officers must follow proper arrest procedures. For example, Miranda rights must be read. Failure to follow proper procedures could result in the charges being dismissed.
  • Courtroom procedures were not followed properly — As an example, criminal defendants have a right to confront accusing witnesses including the lab technicians that conducted the BAC tests. Failure to have such witnesses on the stand can result in dismissal.
  • State cannot prove elements of crime — When the State seeks a conviction, the prosecutors must prove all of the elements of the crime. For example, to prove a DUI/DWI, among other elements, the prosecutors must prove that you were If the State fails to prove that you were driving, then the could be dismissed and/or the jury should return a verdict of not guilty. As one (unsuccessful) example, see Candelario v. State, Case No. 915, September Term 2021 (MD Court of Special Appeals 2022).

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland criminal defense lawyer at (301)705-5137. We are Waldorf, MD Criminal Defense lawyers. We are also Prince George’s County, MD DUI/DWI Criminal Defense attorneys.

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