Reader’s Question:

My daughter has just been charged with her first DUI Offense in Dundalk, Maryland. I know she’s starting to cause too much trouble for the family, but still we want to do everything to get her out of this. What are the possible defenses that we can use on her DUI case?

Hailey

Dundalk, MD

Maryland DUI cases are defensible despite what many people say. The prosecution’s case against your daughter’s DUI charge in Dundalk, Maryland will consist of evidence such as erratic operation of the vehicle, an odor of intoxicants coming from her or her vehicle, poor performance on the road side sobriety tests and most importantly, the results of the blood or breath tests.

One basic defense for a DUI case is if the police officer failed to read your daughter her Miranda Rights. When she was arrested, the officer must advise her of her Miranda Rights in a Maryland DUI case if she is in custody and they question her seeking to illicit an incriminating response. If the officers asked her questions after placing her in custody for DUI, and did not first read her the Miranda rights, any statements she made may be excluded from evidence. Another possible defense is if the field sobriety tests were improperly administered. If this is the case, then the results of the officer’s investigation can be attacked in several ways. Not every possible DUI defense applies in every case, but at least it would give you an idea on how to attack the police evidence.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer