Can You Challenge the Validity of a DUI Stop in Ellicott City?

If you have been charged with Driving Under the Influence (DUI) in Maryland, you may be wondering, “Can you challenge the validity of a DUI stop in Ellicott City?” Driving under the influence of alcohol or drugs is a serious offense in Maryland. These charges come with significant penalties that can impact your driving privileges, finances, and personal freedom.

However, it is important to understand that you have rights and options to challenge the validity of the charge. The legal process surrounding DUIs can be complex. A skilled lawyer can assist in challenging these charges through several different avenues. Having an experienced Ellicott City DUI attorney on your side can help you navigate the entire process.

Understanding DUI Charges in Maryland

A person is considered to be driving under the influence if their Blood Alcohol Concentration (BAC) is 0.08% or higher. You can still be charged with Driving While Intoxicated even if your BAC is under the legal limit if law enforcement believes that you are impaired to the extent you are unable to drive safely.

Your BAC level, whether you have prior convictions, and whether there were aggravating circumstances surrounding your charge are all factors that determine the severity of DUI penalties in Maryland. Penalties for a DUI conviction may include fines, imprisonment, mandatory alcohol education programs, community service, and suspension of your driver’s license.

Challenging the Traffic Stop

The police officer must have a valid reason to stop your vehicle in order for the DUI charge to be valid. Any evidence gathered after the stop may be inadmissible in court if the officer did not have reasonable suspicion to pull you over in the first place. Some common reasons officers may pull over a driver include:

• A broken taillight or other vehicle violations
• Observing that you’re driving in a manner consistent with impaired driving
• Reckless or erratic driving

Your attorney can argue that the stop was unlawful if the officer cannot show that they had a legitimate reason to stop you. Any evidence obtained during the stop may be excluded from your case if the court agrees. This may include field sobriety tests or chemical tests.

Contesting Field Sobriety Tests (FSTs)

Field sobriety tests (FSTs) are cognitive and physical tasks that law enforcement officers use to assess whether a driver is impaired. Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus (HGN) are all common tests that are used during these situations. Although they can be helpful, they are not always completely accurate.

The following are reasons that an officer may misinterpret the results of an FST:

• Environmental Factors
• Medical Conditions
• Improper Administration

Having an experienced DUI attorney on your side could possibly help you reduce the strength of evidence against you because they are skilled in challenging the validity of field sobriety tests, pointing out issues with environmental factors or their administration that could have influenced the results.

Challenging Breathalyzer and Chemical Test Results

Blood tests or breathalyzer tests are also often used to measure a driver’s BAC level. There are situations in which the results of these tests may be inaccurate or invalid, although they are generally considered reliable.

Possible ways to challenge a chemical test or breathalyzer include:

• Improper Calibration
• Faulty Equipment
• Failure to Follow Protocol

To avoid contamination errors, blood tests must be handled and stored properly. It may also be possible to challenge the results if there were any mistakes in the handling of the sample.

Question the Officer’s Observations

Symptoms such as bloodshot eyes or slurred speech, which are often associated with signs of impairment, are not definite proof that a driver was under the influence. Even if the officer observes these signs or similar ones, there are many other factors that can cause the same symptoms, such as allergies, fatigue, or medical conditions.

Your attorney can cross-examine the arresting officer and argue that the signs of impairment were not related to alcohol or drugs but rather to other factors. This could be a powerful defense if the officer’s observations are the sole basis for the DUI charge.

Demonstrating a Violation of Your Constitutional Rights

Certain rights are guaranteed to individuals who are arrested or detained by law enforcement under the U.S. Constitution. Your attorney could argue that the charge should be dismissed if the police violated any of your rights during the DUI arrest process. Some of your rights include:

• Right to remain silent
• Right to an attorney

Lack of Probable Cause of Arrest

A police officer must have probable cause to arrest someone for DUI. The officer must have a reasonable belief that the person is impaired, and if there was no probable cause for your arrest, the evidence obtained afterward may not be admissible in court.

FAQs About DUI Law in Ellicott City,MD

How Do You Beat a DUI in Maryland?

To challenge a DUI in Maryland, you may contest the evidence, question the validity of the traffic stop, challenge breathalyzer accuracy, or dispute the officer’s observations. An experienced and skilled DUI attorney can help examine the case for potential errors or insufficient evidence to help challenge the charge in court.

Can You Decline a Field Sobriety Test in Maryland?

In Maryland, you have the right to refuse a field sobriety test, but refusing may lead to negative consequences, such as the officer’s suspicion of impairment and potential arrest. However, you cannot refuse a chemical test, whether it’s a breath or blood test, once arrested without facing penalties such as a license suspension.

What Are the Penalties for a DUI Charge in Maryland?

In Maryland, DUI penalties include fines up to $1,000, a maximum of one year in jail, and license suspension for up to six months for a first offense. Subsequent offenses may lead to higher fines, longer jail sentences, and longer license suspensions. Penalties increase with BAC levels. An experienced lawyer can help you prepare for the possible penalties you could face.

How Can a Lawyer Help Challenge a DUI Charge?

A lawyer can help challenge a DUI charge by investigating the incident, challenging the accuracy of the FST or other tests, identifying violations of your constitutional rights, presenting alternative explanations for any signs of impairment, and representing you during the entire legal process. An attorney can work hard to develop a strategy to protect your rights.

Contact Us

If you’ve been arrested for a DUI in Ellicott City, don’t wait to get legal help. Reach out to a skilled DUI defense lawyer who can create a tailored-made defense to help protect your rights. The Law Offices of Todd K. Mohink, PA, is here with you, Contact us today so we can begin helping you navigate the legal process.