Published on 8/3/2023, 2:32:00 PM
Can DUI Charges be Dropped in Maryland? How to beat my DUI charge?
Picture this: You've had a great evening out with friends and decide to drive home, not realizing that your blood alcohol level is above Maryland's legal limit. Suddenly, you're facing DUI charges that carry severe consequences.
So, what next? Can DUI charges be dismissed in Maryland? Yes, DUI charges can be dismissed in Maryland. The State of Maryland can decline to prosecute your case by entering it nolle pros. Your lawyer may be able to convince the State to do so based on a flaw in the prosecution, or by forcing a trial when the State is not prepared.
This post will guide you through Maryland's DUI laws and possible defenses that could help you beat a DUI or DWI charge.
Maryland's DUI and DWI Laws: A Primer
DUI vs DWI
DUI' (Driving Under the Influence) and 'DWI' (Driving While Impaired) are similar but distinct charges under Maryland criminal traffic law.
A DUI is the more serious of the two, requiring proof that a driver's normal motor coordination was significantly impaired by the ingestion of alcohol.
Maryland also has a special version of Driving while Under the Influence, known as Driving under the Influence of Alcohol Per Se for cases involving blood alcohol content (BAC) was 0.08% or higher.
A Driving while impaired, or DWI, is charged alongside DUI in most drunk driving cases. A DWI requires a lower burden of proof - the State must prove impairment to a lesser degree.
So what's the difference between DUI and DWI?
The distinction between driving under the influence of alcohol and driving while impaired by alcohol is one of degree of imapriment
Both crimes require that normal coordination be reduced as a result of the consumption of alcohol.
Driving under the influence of alcohol requires that alcohol has substantially impaired the person's normal coordination.
Driving while impaired by alcohol is a less serious crime. It requires that alcohol has impaired the person's normal coordination to some extent.
B. The Consequences
The penalties for a DUI/DWI conviction in Maryland are severe.
For a first-time DUI offense, you may face up to 1 year in jail, up to a $1,000 fine, and 12 points on your license?
For a DWI, the penalties include up to 2 months in jail, up to a $500 fine, and eight points on your license.
These consequences can extend beyond the legal realm, impacting your employment and personal life.
Can DUI/DWI Charges be Dropped? Exploring Your Defense Options
A. Questioning the Traffic Stop
Did the officer have a legitimate reason to pull you over? Maryland DUI stops can be challenged in Court. In many instances, police officers conduct traffic stops without a legal justification, which is a violation of your Fourth Amendment rights.
If this is true in your case, any evidence obtained during the stop could be suppressed, leading to dismissal of charges.
B. Challenging the Field Sobriety Tests
Standardized Field sobriety tests (SFSTs) are notoriously unreliable and are often executed incorrectly.
Issues such as medical conditions, poor weather, faulty instructions, or even the type of shoes you were wearing can affect your performance and the test's validity.
An experienced attorney can challenge these tests and potentially weaken the prosecution's case.
C. Contesting the Breathalyzer Results
Breathalyzer results can be affected by a variety of factors - from calibration issues with the machine to the officer's handling of the test.
A skillful attorney can challenge the results and, if successful, this could lead to the DUI charges being dropped.
D. Negotiating for Lesser Charges
An experienced DUI attorney could help negotiate for a lesser charge, such as "reckless driving," or alternative sentencing options, which carry less severe consequences than a DUI conviction.
E. Convincing a Judge to strike your conviction (DUI PBJ)
Maryland Judges can also strike the conviction in your case if they feel you've earned it. After a trial or a plea, a Judge may offer you a probation before judgement, or PBJ, which will wipe out your conviction.
A PBJ will also ensure you receive no points on your license; however, you may be required to complete a period of supervised probation.
Case Studies and Reviews
Over the past two years years, FrizWoods LLC has helped numerous clients successfully combat their DUI/DWI charges. You can read some of our successful DUI/DWI case defenses to understand how we've navigated the complexities of Maryland's DUI laws.
Don't Navigate the Legal Waters Alone
Facing DUI/DWI charges in Maryland can be daunting, with the potential for significant repercussions. However, remember that charges don't equate to convictions. With an experienced legal team by your side, you can explore various defense strategies and increase your chances of a favorable outcome.
Call FrizWoods Today!
Don't let a DUI/DWI charge navigate the course of your life. Take immediate action. Schedule a consultation with FrizWoods LLC today.
Remember, your defense is only as strong as your defense strategy. We invite you to read more of our client testimonials and learn about how we've helped others in your situation. We're ready to help you too.
gabriel enrique ceballos★★★★★
Frízwood LLC. The best attorney in Maryland. He will fight your case with anything he can to win. I was charged with a DWI. He went to trial and they found me not guilty because of FrizWoods. I didn’t have to pay anything at the end and all my charges were dropped. I really can’t thank him enough.Thank you.