Common Defenses to DUI Charges in D.C. and Maryland | Falodun & Associates

After a DUI arrest, it’s easy to feel like a conviction is inevitable. Everything the police say and do during your investigation and arrest is designed to get you to admit that you are under the influence of alcohol and ultimately plead guilty to the offense. If you “blew,” these feelings of hopelessness can be intensified, as it’s hard to see how you defend against seemingly objective evidence indicating that you were drunk.

Even a first-time DUI conviction can lead to serious legal and collateral consequences. Some of the more serious include:

Probation
Fines
Community service
Mandatory drug and alcohol counseling and testing
Jail time
The loss of a job
A criminal conviction on your permanent record

If you’re facing drunk driving charges, it’s critical to remember that not every DUI arrest leads to a conviction, and there are often substantive and procedural defenses that defendants can raise that can result in the charges against them being dropped or an acquittal at trial. It can be extremely difficult to know when these defenses apply, however, without significant legal skill and training. As a result, if you have been accused of DUI in the Maryland and D.C. area, it’s absolutely critical that you speak to an attorney about your options as soon as you can. Failing to do so could result in a completely avoidable DUI conviction.

Here are some of the most common defenses that can be raised in Maryland and Washington D.C. DUI Cases.

Challenging the Initial Traffic Stop

The police are not allowed to stop you whenever they want or for impermissible reasons such as your race or the car you drive. In order for a traffic stop to be valid, the police must have reasonable suspicion that a crime is being or has recently been committed. In addition, the suspicion must be based on specific and articulable facts rather than a mere “hunch.” If the police pulled you over without reasonable suspicion, any evidence that they gathered during the stop can potentially be suppressed, meaning that it cannot be used against you in court. Without access to evidence from the traffic stop, the prosecution will likely be forced to drop the case against you entirely.


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