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Strategies To Get Evidence Dismissed In Maryland DUI And DWI Cases


When facing charges of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in Maryland, understanding how evidence is used in court is an important part of building a defense. Contacting an experienced Baltimore DUI & DWI lawyer as soon as possible is advised. Then, you can share the details of your situation with a second legal professional who may be able to employ effective strategies to challenge evidence against you.

The Role of Evidence in DUI/DWI Cases

In that state of Maryland, DUIs and DWIs are distinct charges with varying legal implications. A DUI charge typically indicates a higher level of impairment, often involving a blood alcohol concentration (BAC) exceeding the legal limit of 0.08%. On the other hand, a DWI charge may involve a lower BAC, but the prosecution still needs to prove that the driver was impaired.

Evidence is often key to securing convictions in DUI and DWI cases, and a range of evidence types may be involved in a case. For instance, breathalyzer tests are frequently used to measure blood alcohol content, but they can be prone to inaccuracies. Additionally, field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and may be affected by various factors, which could result in inaccurate assessments of impairment.

In other situations, the incident in question could have been recorded by law enforcement officers or dashcam footage, then these reports are submitted as critical pieces of evidence.

Strategies a lawyer may use to get evidence thrown out:

  • Challenging the validity of the traffic stop. A DUI/DWI arrest must be based on a lawful traffic stop. Lawyers may seek to get evidence dismissed by demonstrating that the initial stop was unwarranted or lacked probable cause.
  • Questioning the admissibility of field sobriety test results. Skilled lawyers may be able to question the reliability and validity of field sobriety tests through highlighting their subjective nature and the potential impact of external factors. like weather conditions or medical concerns.
  • Exploring breathalyzer calibration issues. Breathalyzer machines must be properly calibrated to ensure accurate results. When possible, a lawyer may challenge the maintenance records and calibration history of the device used.
  • Looking into rights violations. Law enforcement must inform an individual of their Miranda rights during an arrest, if they fail to do so any statements made thereafter may be inadmissible.
  • Finding out the search was illegally performed. If evidence was obtained through an illegal search or seizure, it may be deemed inadmissible. Depending on the details of the arrest, a legal expert may be able to challenge the constitutionality of the search conducted by law enforcement.

Recognizing the importance of evidence in building a case and employing effective strategies to get evidence dismissed, when possible, is part of mounting a strong defense. Talk to a Baltimore DUI & DWI lawyer to learn more.

Consult with a Seasoned Criminal Lawyer

Has a Maryland DUI or DWI arrest upended your life? The attorneys at Iamele & Iamele, LLP can guide you through the legal process and help safeguard your rights. Contact us to book your fee-free appointment.

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