Can a DUI Charge Be Dropped or Reduced in MD?

DUI charges can have a serious impact on one’s life. However, it could be possible to have the charges reduced or even dropped.

It is important to understand that every DUI case is unique, and the decision to drop or reduce charges depends on the specific facts of each case. Ideally, the best outcome would be to have your case dismissed. To achieve this, there are various defenses that can be implemented.. Even if the case cannot be dismissed, reducing your charges will mean not facing the full consequences they can carry.

For a free case review with our Maryland criminal defense attorneys, call Rice, Murtha & Psoras at (410) 694-7291.

Can DUI Charges be Dropped or Reduced in Maryland?

The best possible outcome for your case is to have it dismissed by the judge, but whether this happens depends on the specific facts of your case. For instance, if your arresting officer didn’t follow proper procedures, you could argue that you weren’t given due process. It’s also possible that the officer who pulled you over lacked probable cause or that the sobriety checkpoint they were operating wasn’t in accordance with lawful practices. Regardless of the circumstances, securing a dismissal of your case will require the right legal strategy and defenses.

In a DUI case where there is significant damage to individuals or property, reducing the charges may be the only option. Thus, it is crucial that you seek help from our Ocean City, MD DUI defense attorneys if you wish to have a chance of not facing the maximum penalties. In most DUI trials, the prosecution will do everything in their power to ensure that you are punished to the fullest extent of the law, especially if this is your second or third DUI offense.

What Defenses Can Help Get DUI Charges Dropped in Maryland?

To successfully defend oneself against a DUI charge in Maryland, a strategic approach is needed, which begins with questioning the legality of the traffic stop and subsequent arrest. By challenging the circumstances surrounding the arrest, it is possible to build a strong defense and potentially avoid a conviction.

Constitutional Defenses to a DUI Stop

As a driver, you have the right to be stopped by police officers only if they have a valid reason. If you suspect that your 4th amendment rights have been violated, you can challenge the legality of the stop. This amendment protects you against unreasonable searches and seizures. Any evidence obtained from an illegal stop can be suppressed in court. Although there are several reasons why a police officer can stop a motor vehicle in Maryland, they have limits to their ability to do so legally.

In Maryland, a common challenge to a DUI stop is that the officer did not have reasonable suspicion or probable cause to make the stop. Two main legal bases for motor vehicle stops in Maryland are Moving Violations and Equipment Issues. However, if an officer stops you without a valid reason, your 4th amendment rights may have been breached. Successfully challenging a 4th Amendment breach can lead to the dismissal of evidence or even the entire case.

Challenge the Arresting Officer’s Findings

It is possible to challenge a DUI arrest even after being stopped by the police. In Maryland, a DUI arrest typically involves a sequence of field sobriety tests that can be called into question based on the officer’s interpretation. The Standardized Field Sobriety Tests (SFSTs) comprise a set of physical and cognitive tests that law enforcement uses to determine if a driver is under the influence. These tests include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. Despite being standardized, these tests are not always accurate and can be open to human error and interpretation.

An officer’s assessment of your impairment can have a significant impact on your case. Officers are trained to look for specific signs of impairment, but these observations are subjective and can be disputed in court. For example, if an officer claims that you have slurred speech or bloodshot eyes, our legal team can argue alternative explanations for these observations.

Challenge the Facts of the Case

When contesting a DUI charge in Maryland, it is crucial to utilize factual defenses. These defenses aim to challenge the prosecution’s case by demonstrating that being accused of a DUI does not necessarily imply impairment. It is feasible to “fail” a field sobriety test for various reasons, such as physical disability, nervousness, or adverse weather conditions during the test.

Breathalyzer tests, which measure breath alcohol content, may not always be precise. These devices have to be frequently calibrated and administered appropriately to provide accurate results. If the breathalyzer employed in your case was not correctly maintained or administered, the results can be challenged in court.

Argue Against the Blood Test

Blood tests are frequently presented as evidence in court proceedings, but errors can occur that may impact their accuracy. Improper handling, inadequate storage, or incorrect analysis of the samples can all jeopardize the reliability of these tests. As a result, if the tests are not conducted properly, their results may be deemed inadmissible.

Can DUI Charges Be Reduced if a Plea Bargain is Accepted in Maryland?

If the charges will not be dropped, agreeing to a plea bargain is usually the best option to reduce the consequences you are facing for DUI. A plea bargain can help to reduce your charges or penalties, but the option you choose will depend on the specific details of your case. In Maryland, there are three common types of plea bargains available for DUI charges: Stet agreements, probation before judgment (PBJ), and guilty pleas to lesser charges. Each option has its own advantages and disadvantages, and it is important to evaluate all of them before making a decision that is right for you.

If a stet is granted, your legal case will be indefinitely postponed and remain inactive unless the State decides to reactivate it. This option can be a good choice if you have a clean record and the evidence against you is not particularly strong.

Probation before judgment (PBJ) can be an option for you if you are looking to avoid a formal conviction and points on your driver’s license. Once the court grants a PBJ, you will be placed on probation. Successfully completing your probation will result in the court striking the guilty finding, meaning you will not have a conviction on your record.

In some situations, pleading guilty to a lesser charge, such as reckless or negligent driving, might be advantageous instead of facing a DUI charge. These offenses usually carry less severe consequences and might have a lower impact on your record.

Our Maryland DUI Defense Attorneys Can Help

Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case assessment with our Bel Air DUI defense lawyers.