[MD] What legal defenses can challenge a DUI arrest?

I understand that dealing with a DUI situation can be very stressful. Can you please share where the incident occurred?

Have you already been charged, or are you still in the process of being arrested?

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're looking for a DUI pro bono lawyer in Prince George's County after being arrested without a court date yet. Just a note, this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Do you have any prior DUI charges or is this your first one?

Based on your situation, there are several legal arguments and considerations in DUI cases in Prince George's County that could potentially support your case:

1. Probable Cause for Arrest: Law enforcement must have a valid reason to stop your vehicle and conduct a DUI investigation. If the stop was made without probable cause, it could be challenged in court.
2. Field Sobriety Tests: These tests must be administered correctly and under appropriate conditions. Any deviation from standard procedures can be questioned.
3. Breathalyzer Accuracy: The accuracy of breathalyzer tests can be contested, especially if the device was not properly maintained or calibrated. Maryland's chemical testing framework is set out in the implied consent and testing provisions of the Transportation Article (MD Transportation Code § 16), which governs how breath and blood evidence must be obtained and preserved to be admissible.
4. Miranda Rights: If you were not read your Miranda rights upon arrest, any statements made may be inadmissible in court.
5. Chain of Custody: The handling of any evidence, such as blood samples, must follow a strict chain of custody to ensure its integrity.

Maryland's core DUI offense itself is defined in (MD Transportation Code § 21-901-905), which sets out the elements the state must prove for both DUI and the lesser DWI charge, distinctions that matter when evaluating any of the defenses above.