Did you know that when a police officer makes a mistake in your DUI or DWI case in Maryland that you may be entitled to use this information to help fight or dismiss the charges? Sharing this information with an experienced Maryland DUI defense attorney promptly after this happens gives you the best possible chance to develop a defense strategy that keeps you from facing critical penalties.
When the police make mistakes and violate your rights, this often leads to a dismissal of the charges. Police have to inform you of your rights before taking a breath sample to determine if you are under the influence or impaired. You do have the right to decline any field sobriety test although administrative penalties may apply. Furthermore, a faulty test could become an important component of your criminal defense. Failing to administer field sobriety test in accordance with the guidelines from the National Highway Traffic Safety Administration could lead to an acquittal.
While breathalyzers are often used in the field to determine someone’s blood alcohol content, they are extremely prone to error whether it is mechanical or human. Furthermore, certain health conditions and medications could lead to false positives on a breathalyzer test and this alone should not be used to charge you or convict you of DUI. There also must be a reason in the first place for the police officer to investigate a drunk driving charge. If you were pulled over for a broken tail light for example, the officer must have a reason to administer a breath test or field sobriety.
A visual evidence of impairment or smelling alcohol in the vehicle, for example, are some of these causes. These are not the only kinds of mistakes that can be made by a Maryland police officer in the process of accusing you of a DUI or a DWI. More than likely, there are other mistakes that could have been made and walking through the scene of being pulled over by the police officer and talking with him or her with your attorney can assist you in identifying whether there are other issues present that could help to protect your rights.