Maryland DUI: Possible Defenses
Your DUI attorney will look at all of the facts of your case in order to find the best possible defenses against the charges that have been brought against you. Good lawyers will not lie or make up facts just to support your case, but they will be able to find the weaknesses in the government’s case against you and use those to go into plea bargaining from a position of strength, and also to be as ready as possible for trial. And there are always weaknesses. Each case is different. Each person is different. Each arresting officer is different. It’s your lawyer’s job to find those weaknesses and use them to your advantage.
Some possible defenses are found below:
1. health condition that might change breathalyzer. Some health conditions will cause a spike in breathalyzer results. Be sure to let your lawyer know about all your health conditions. If this is an issue for you, your lawyer can call in a doctor to testify at your trial.
2. high tolerance to alcohol. Depending on your BAC, your lawyer maybe able to argue that you have a naturally high tolerance for alcohol and so were perfectly capable of operating a vehicle. The availability of this defense depends on some very specific facts.
3. mouth alcohol. Alcohol stays in the mouth for about 15 minutes on average but there are numerous factors that may cause it to stay longer. It can stay for hours if there are dental health issues or if there are food particles that are holding alcohol in them. Further, burping from stomach could produce very high results on a breathalyzer even though the alcohol is not coming from the blood. Breath sprays or mouth washes can also cause fluctuations in the results.
Breathalyzers multiply the amount of alcohol it detects by thousands of times, making it more likely that the smallest variation from one of the above factors could drastically change the results of the test.
4. how the tests were administered. There are many different tests that can be given by officers trying to determine sobriety. If they are administered in a way that is not reliable, the admissibility of those results can be challenged.
This is certainly not a complete list of possible DUI defenses. How you and your lawyer decide to proceed depends very much upon the facts of your case. Defending a DUI case is very complicated and requires expertise. Be sure to consult with an experienced Maryland DUI attorney in order to get a proper analysis.
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