A drunk driving arrest may feel like an open and shut case. Typically, people who have been arrested for drunk driving have been drinking, and most people are unable to determine whether they are over the legal limit simply based on the way they feel.
As a result, it is easy to believe that the police have gathered evidence that cannot be refuted, especially if you agreed to a breathalyzer test or failed a roadside sobriety test. It is important to understand, however, that there is a significant disconnect between an arrest and a conviction, and the state must still be able to prove every element of DUI beyond a reasonable doubt in order to obtain a conviction.
What Defenses May be Available?
There a number of defenses that may be available in your DUI case. Some of the most common include the following:
- The GERD Defense – The “GERD Defense” involves establishing that you have Gastroesophageal Reflux Disease (GERD), which can result in higher-than normal mouth-alcohol levels. Higher mouth-alcohol levels can in turn cause unreliably high breathalyzer results.
- Challenging the Initial Traffic Stop or Sobriety Checkpoint – In order to make a traffic stop, law enforcement must have reasonable suspicion that you are committing a traffic violation or a crime. In addition, there are limits on the way police can conduct sobriety checkpoints. A legal issue with either could result in any evidence gathered being excluded from court. Without evidence indicating that you were intoxicated, the prosecution would likely be forced to drop the case against you.
- Introducing Evidence that The Breathalyzer Used in Your Case Was Improperly Calibrated – In order to accurately measure a person’s blood alcohol content (BAC), a breathalyzer device must be properly calibrated. If there is evidence that the breathalyzer device which measured your BAC was not correctly calibrated, it can cast doubt on the accuracy of the results.
Contact a Baltimore Criminal Defense Attorney Today to Discuss Your Case
If you have been arrested for drunk driving and have not yet retained legal counsel, you should call an attorney immediately. To schedule a free case evaluation with a Baltimore criminal defense lawyer Randolph Rice, call our office today at 410-288-2900 or contact us online.
1 http://www.mva.maryland.gov/drivers/impaired/maryland-impaired-driving-laws.htm
2 http://www.mayoclinic.org/diseases-conditions/gerd/basics/definition/con-20025201
