3 DUI Myths Busted
If you are like most people, you have probably heard plenty of rumors and stories about friends or family members who have gotten DUIs. Perhaps you’ve even heard rumors about how people “got out of” a DUI or “beat their charges” through some clever trick. In truth, most of these rumors are probably not as accurate as they may seem. The truth is, Maryland’s DUI laws are definitely stacked against you, and if you get behind the wheel intoxicated, you run a very real risk of being arrested and convicted of DUI.
At the Law Offices of Todd K. Mohink, P.A., we work hard to minimize the impact of a DUI charge by carefully developing your case and building evidence to support a dismissal. Sometimes you may have to take your case to trial. Other times, we may be able to obtain a dismissal. Either way, you stand a much better chance if you are represented by a competent and experienced DUI defense lawyer. With this in mind, here are 3 of the most common DUI myths entirely busted.
Myth #1 – If I Blow Below the Legal Limit, They Can’t Convict Me
Actually, you can be convicted of DUI in Maryland, even if you don’t take a breathalyzer at all. Although the “legal limit” is technically 0.08% blood alcohol concentration, this is just one piece of the evidence a prosecutor can use against you. Maryland’s DUI statute says that it is illegal to operate a motor vehicle while impaired by alcohol or any other intoxicating substance. Impairment is defined as the inability to safely operate a motor vehicle. There are a number of other pieces of evidence the prosecutor can use to prove this point, including:
- The police officer’s testimony
- Your video-taped performance of a field sobriety test
- Any video or audio recording of your behavior at the scene or in custody
- Witness testimony
- Evidence of a collision or accident
- Testimony of victims
- Evidence of open containers
- Evidence of your whereabouts before the stop
- Dash cam video of your vehicle swerving
Myth #2 – If I Don’t Blow, I Can’t Be Convicted
See Myth #1. You can be charged and convicted of DUI in Maryland, even if you refuse to provide a breath test. Furthermore, you will suffer an automatic suspension of driving privileges for violating the state’s implied consent law.
Myth #3 – If I Did the Crime, There’s Nothing a Lawyer Can Do
While it may feel this way when talking to police and prosecutors, remember that they have the burden of proving their case to a jury. In many situations, police are overworked and tired. They make mistakes every day. Prosecutors may be overzealous about bringing DUI cases to show they are tough on crime, and in doing so they may cut corners. A skilled DUI lawyer can often “poke holes” in the state’s case against you by looking for various mistakes and violations. For instance, each of the following could be a reason for getting key evidence excluded:
- Failure to read Miranda rights
- Failure to properly handle evidence
- Failure to show probable cause for a stop
- Improper use of race or other factors when making a stop
- Unlawful search of a vehicle
Call an Experienced DUI Lawyer Today
If you are facing a DUI in Glen Burnie or Columbia, call the Law Offices of Todd K. Mohink, P.A. today. Never speak with police and prosecutors until you’ve consulted an attorney first.