10 ways to Beat your DUI in DC or Maryland
There are many ways to challenge a DUI in the District of Columbia or in Maryland. However, 10 of the most important ways we find to challenge a DUI in DC or Maryland is as follows:
- OFFICER DOING A NON-STANDARDIZED FIELD TESTS. – There are still officers doing non standardized field sobriety test even though neither the Federal Government (NHTSA) nor medical science considers saying the alphabet or touching your finger to your nose, or counting backwards, as valid sobriety tests,
- STOPPING A PERSON OR VEHICLE ILLEGALLY – a driver of a vehicle cannot be stopped unless the officer has some basis to believe that a law has been violated.
- PERFORMING STANDARD FIELD SOBRIETY TESTING INACCURATE FOR HEALTH ISSUES – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Furthermore, certain person with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
- VIDEOS FROM CELL BLOCK – We are in the age of you tube and videos. Police stations have the ability videotape suspects at the police station. Furthermore, Courts in DC Have stated that this information may in fact be required to provide.
- BREATH TEST OPERATOR MUST BE LICENSED – DC and MD require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible.
- BREATHALYZER MACHINE MALFUNCTIONS – The machines must be tested and certified to be in working condition.
- FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – The Defendant’s statement that he/she had a few drinks is not proof of driving under the influence. Furthermore, the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings is not admissible.
- FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
- FAILURE TO CONDUCT OBSERVATION PERIOD – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.
- EXPERT WITNESSES – Both Maryland and DC require Expert witnesses to perform the Nystagmus field sobriety test. The Government must disclose these witnesses before trial.
The DUI lawyer you hire needs to explore that the police did everything they were supposed to do. Have more questions, need help – give us a call
Rollins and Chan Law Firm